IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14964 of 2011 UPENDRA MANDAL Versus THE STATE OF BIHAR ----------- 02. 11.05.2011 Petitioner is apprehending his arrest in a case registered under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act. The informant lodged the F.I.R. on 01.12.2010 at 11:30 P.M. alleged that two unknown persons shot fire on his brother who subsequently succumbed to the injuries. The brother was coming out from the house of the petitioner from where some ceremony was going on, hence F.I.R. was registered against unknown. It appears that after 40 days of the occurrence the informant being the next door neighbour of the petitioner came out with a story that petitioner took Rs. 10 lacs from the deceased for providing employment but neither employment was provided nor the money was returned, hence he hired some persons to eliminate the victim. It is submitted by learned counsel for the State that suspicion has been raised by the family members on the basis of the evidence collected during investigation. Considering the fact that petitioner is next door neighbour and the deceased was fired upon when some ceremony was going on in the house of the petitioner 2 hence there was no occasion for the informant not to raise suspicion in the F.I.R. or immediately after lodging of the F.I.R. but raising suspicion after 40 days of the lodging of the F.I.R. against the next door neighbour clouds the bona fide of the accusation, let the petitioner namely Upendra Mandal, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kotwali(Tilkamanjhi) P.S. Case No. 828 of 2010. Shageer ( Dinesh Kumar Singh, J)