IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55303 of 2007 ------ KALIM IMMAM Versus THE STATE OF BIHAR -------- 4. 21.7.2008 Heard the learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Sultanganj P.S. Case No.51 of 2006 for the alleged offences registered under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioner that the petitioner is not a named accused nor there is any allegation against him whatsoever in the First Information Report. Learned counsel further submitted that during investigation nothing has come against the petitioner. However, the mother of the deceased in her statement under section 164 of the Cr.P.C. has whispered against the petitioner expressing her suspicion. Later, she filed a petition, as contained in Annexure 2, whereby she had expressed her suspicion against the petitioner. However, after verifying the whole affairs, she found that there is no involvement 2 of the petitioner. Learned APP appearing on behalf of the State upon perusal of the case diary is not in a position to refute the submissions made on behalf of the petitioner. Considering the submissions, as noticed above, and on perusal of the allegations made in the F.I.R. and the other materials brought on the record, it is directed that petitioner Kalim Immam, in the event of his arrest or surrender in connection with Sultanganj P.S. Case No.51 of 2006 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna City, in connection with the aforesaid case, on the conditions mentioned in sub- section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)