IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22200 of 2009 AJAY KUMAR SINGH @ AJAY SINGH SON OF BISHWANATH KISHORE SINGH, RESIDENT OF VILLAGE- PAWARA, P.S. SURJAPURA, DISTRICT- ROHTAS AT SASARAM. Versus STATE OF BIHAR ----------- 3 27.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under sections 147, 148, 149, 448, 307 & 302 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 implicated in this case on misidentification. As a matter of fact, although the petitioner has been made a named accused, but during investigation the witnesses have not supported the prosecution case against this petitioner. The witnesses have stated the name of the co-accused namely Ajay Kumar Singh resident of Morsarai and not against the petitioner. It is further submitted that the police after investigation did not submit any charge sheet against this petitioner, later on the investigation of the case was handed over to the C.I.D. and the C.I.D. too did not find any material against the petitioner and thereafter the investigation was again handed over to the local police and during that investigation without any material petitioner has been charge-sheeted. Petitioner surrendered on 20th December, 2008 and since then he is in custody. Learned Addl. P.P. appearing for the State on perusal of the case diary submits that witnesses have stated about firing made on the brother of the informant by Ajay Kumar Singh resident of Morsarai, of course, the informant has alleged against this petitioner during his restatement. In the facts and circumstances of the case, it is directed that let 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 Sub-Divisional Judicial Magistrate, Bikramganj (Rohtas) in connection with Surajpura P.S. Case No. 35 of 1997. Manish/- (Shailesh Kumar Sinha,J.)