IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35173 of 2008 MD.AHTESAM son of Late Md. Fajullah Resident of village- Dumaria, P.S.- Raxaul District- East Champaran Versus STATE OF BIHAR ----------- 2 21.11.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted on behalf of the petitioner that the petitioner has been dragged in this case merely on account of the political rivalry. It is further submitted that after investigation although charge sheet was submitted against the co-accused Md. Ishtyaq & Md. Iqbal, however the investigation was kept pending against other accused persons. It is further contended that those accused persons against whom charge sheet was submitted were put on trial and during trial they were acquitted for want of evidence. The informant deposed that he did not know anything with regard to the alleged occurrence. Other witnesses also did not support the prosecution case, and as such, trial ended in acquittal of the accused persons. It is also submitted that up-till-now no charge sheet has been submitted against this - 2 - petitioner even after lapse of long period of time. Learned Addl. P.P. appearing for the State opposes the prayer for bail, however, he is not in position to refute the above submissions. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Raxaul at Motihari, in connection with Raxaul P.S.Case No. 25 of 2003 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)