IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35884 of 2008 KUMOD SINGH @ KUMOD KUMAR SINGH, SON OF LATE DAMODAR SINGH, R/V BALRA KISHUNPURA, P.S. MANIYARI, DISTRICT MUZAFFARPUR -----------------------PETITIONER Versus STATE OF BIHAR----------------------OPPOSITE PARTY. For the Petitioner : M/s Kanhaiya Pd. Singh, Sanjay Kr. Advocates. For the Opposite Party : Mr. Nityanand Tiwary, APP. ----------- 04. 19.12.2008. Learned counsel for the petitioner has file supplementary affidavit, which is taken on record. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 302/307 of the Penal Code and Section 27 of the Arms Act and appears to be the only assailant named in the First Information Report, which is dated 22.2.2004. The case remained under investigation for about four years, whereafter final form was submitted on 31.3.2008 and the petitioner herein was not sent up for trial. Before the final form could be considered by the learned Magistrate under the instructions of the Deputy Inspector General of Police, charge sheet was submitted which is dated 11.4.2008. Later the matter was inquired into by the Additional Director General of Police who in his report dated 23.8.2008 opined that the final form dated 31.3.2008 was rightly submitted and on the basis of the report of the Additional Director General of Police again final form has been submitted in which petitioner has not been sent up for trial. Said final form is dated 27.9.2008 and is pending for consideration before the learned Magistrate. - 2 - Let the court below verify the aforesaid fact noted above and if it is correct that final form dated 27.9.2008 has been submitted in the light of the report of the Additional Director General of Police then petitioner, namely, Kumod Singh @ Kumod Kumar Singh be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Muzaffarpur in connection with Kurhani P.S. Case No. 21 of 2004, Sessions Trial No. 455 of 2008. Rajesh/ (V.N.Sinha, J)