IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46281 of 2008 KAILASH SAH SON OF PARMESHWAR SAH RESIDENT OF VILLAGE SEHMA,P.S.BITHAN,DISTRICT SAMASTIPUR Versus STATE OF BIHAR ----------- 2/ 30.1.2009 Heard learned counsel for the parties. The petitioner apprehends his arrest in a case which has been registered of offences under Sections 302 and some other Sections of the Indian Penal Code. Altogether 13 persons are named accused in this case. The petitioner is not amongst them. His name has come during investigation. According to informant, he has seen the occurrence when his father was killed. Submission is that the informant has described the entire manner of occurrence. His fardbeyan rules out participation of any other person. The allegation against the petitioner was investigated into and the police did not find any substance against him. So the Superintendent of Police ordered for submission of final form against the petitioner and accordingly, final form was submitted but the Additional Chief Judicial Magistrate, Rosera took cognizance against the petitioner also after differing with the final report. Considering the facts and circumstances of the case, this application is allowed. The above named petitioner is directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on his so surrendering, he shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with 2 two sureties of the like amount each to the satisfaction of Sri R.K.Singh, Judicial Magistrate, Ist Class, Rosera, Samastipur in Hasanpur (Bithan) P.S.Case No. 157 of 1999 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)