IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26940 of 2010 CHULLU PANDIT@ CHULU PANDIT son of Raj Kumar Pandey, resident of village-Kaiyar, P.S.-Sikandra,Dist.-Jamui. Versus STATE OF BIHAR ----------- 3. 3.12.2010. Heard Mr.Pramod Kumar learned counsel for the petitioner, who was assisted by Mr. Manish Bhushan as well as Mr. Umesh Lal Verma, learned Additional Public Prosecutor appearing on behalf of the State. The petitioner, who is in custody in connection with Sikandara P.S.Case No.49 of 2005 for the offences under sections 324, 307/34 of the Indian Penal Code, has prayed for grant of bail. Initially Sikandara P.S. Case No.49 of 2005 was registered for the offences under sections 324 and 307 of the Indian Penal Code and section 27 of the Arms Act. However, subsequently after death of the injured section 302 of the Indian Penal Code was added on 4.4.2005. First information report was lodged against unknown. Learned counsel for the petitioner submits that at the time of occurrence one of the witnesses, namely, Prakash Yadav was present at the place of occurrence along with the informant. However, while recording first information report, the informant did not name any persons including the petitioner as an accused and first information report was lodged against unknown. Subsequently, only one witness Prakash Yadav came out with a case that the petitioner was also one of the accused in the said 2 occurrence. He further submits that other witnesses have supported the stand of Prakash Yadav on information given by him that this petitioner was one of the accused. It has been submitted that this petitioner has been falsely implicated in the present case and he is languishing in jail since long. Mr. Umesh Lal Verma, learned Additional Public Prosecutor appearing on behalf of the State has opposed the prayer of the petitioner. He submits that it is true that other witnesses, who had named the petitioner, were informed by the witness, Prakash Yadav. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.D.J., F.T.C.-Vth, Jamui in connection with Sikandra P.S. Case No.49 of 2005. Md.S. ( Rakesh Kumar, J.)