IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18932 of 2009 DILIP SAO, S/o Late Bhagwan Mistri, R/o Magadh Colony, Kurji, P.O. Digha, P.S. Digha, District – Patna ……………. Petitioner Versus THE STATE OF BIHAR ………………Opposite Party. ----------- For the Petitioner:- Mr. Prabhakar Singh, Advocate. For the State:- Mr. J.S. Singh, A.P.P. ------------ 2. 28.05.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner is an accused in Complaint Case No. 291©/2000 wherein cognizance has been taken under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that earlier an F.I.R. was lodged and in that F.I.R. there were specific allegations against Raju Sao of firing at the deceased, who herself allegedly stated the fact to the informant that Raju Sao had fired at her and subsequently thereafter she died. In that case after investigation, final form was submitted by the police exonerating Raju Sao, Dilip Sao and Lala Kumar after finding the case false against them. It is stated that the final form was accepted by the court concerned. It is contended that after five months, a protest petition was filed by the complainant and only thereafter the present 2 Complaint Case No. 291©/2000 was registered wherein cognizance has been taken against all the accused persons including the petitioner. Learned counsel for the petitioner further submits that in the protest-cum-complaint petition, the allegation of firing at the deceased has been specifically made against Raju Sao whereas the petitioner was claimed to had been seen as trying to escape along with him. Learned counsel finally submits that the petitioner surrendered on 31.03.2009 and there is no specific allegation against him of any overt act except that he was seen accompanying the aforesaid Raju Sao and also seen armed with weapon while he was fleeing away. Learned counsel for the State submits that the allegation of firing is, of course, upon the co-accused Raju Sao, but the petitioner was also seen in his company. Having considered the rival submissions and in the facts and circumstances of the case, the petitioner, namely, Dilip Sao is directed to be released on bail on his furnishing bond in the sum of Rs. 10,000/- with two sureties of the like amount each to the 3 satisfaction of the Chief Judicial Magistrate, Patna in Complaint Case No. 291©/2000. dk ( Dr. Ravi Ranjan, J. )