IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12997 of 2008 CHAKAN KUMAR @ CHHAKAN KUMAR Versus THE STATE OF BIHAR with Cr.Misc. No. 10329 of 2008 Gautam Kumar Versus The State of Bihar. ----------- 2 15.5.08 Heard. Petitioner Chakan Kumar @ Chhakan Kumar is in custody since 28.11.2007 and petitioner Gautam Kumar is in custody since 21.9.2007 in connection with Pirbahore P.S.Case no. 238 of 2007 instituted under Section 302/34 IPC and Section 27 of the Arms Act. They were not named in the FIR. The FIR has been filed by the wife of the deceased alleging that the deceased was working in the liquor shop of one Arjun Yadav, who was a Ward Councillor . He was not being paid his remuneration by Arjun Yadav several times and under those compulasion he continued to work. In the FIR itself it is clearly stated that when the dead body was brought for post mortem, Arjun Yadav was trying to persuade the informant to get the cremation done expeditiously and to pay compensation to the informant. It is submitted that in course of investigation only to save the said Arjun Yadav, who was an influential Ward Councillor , totally a new story has been built up in which it is now said that these two petitioners are Ambulance drivers in the Patna Medical College Hospital and used to take liquor from the shop in which the deceased was sales man. On the evening on the fateful day they had altercation with the deceased over payment and on the next morning they along with others came and shot dead the 2 deceased. On the basis of this investigation chargesheet has been filed in which Arjun Yadav has not been sent up for trial rather petitioners and several others have been chargesheeted.This is a total turn round in the case itself and Arjun Yadav has been successfully left out. In the facts and circumstances of the case, let petitioners, Chakan Kumar @ Chhakan Kumar and Gautam Kumar, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M.,Patna, in Pirbahore P.S.Case no. 238 of 2007. Singh (Navaniti Prasad Singh)