IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34288 of 2009 CHANDRA SHEKHAR ROY, SON OF KRISH ROY, RESIDENT OF VILLAGE PRATAP NAGAR KADWA, P.S. DHOL BAJJA (KADWA), DISTRICT-BHAGALPUR…………………………………PETITIONER. Versus THE STATE OF BIHAR…………………………….OPPOSITE PARTY. ----------- For the Petitioner : Mr. Sunil Kumar Singh-2, Advocate. For the State : Mr. Md. Ansarul Haque, A.P.P. ------------ 2. 12.10.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner has been made accused in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that he has been named in the First Information Report only on the basis of the suspicion as it has been stated in the F.I.R. itself that some persons have seen the petitioner and others taking away the brother of the informant towards ‘Basa’ of the informant and thereafter in the morning the dead body of the informant was found in the kalai field. The petitioner has been remanded in this case on 12.5.2009. It is further submitted that during the course of the investigation no role of the petitioner could have been assigned in the alleged crime and only on the basis of suspicion charge sheet has been submitted against him and others. Learned A.P.P. for the State submitted that during the - 2 - course of investigation, it has come that the accused persons including the present petitioner were seen coming towards the ‘Basa’ of the informant and thereafter in the morning the dead body of the brother of the informant was found in the kalai field and on that basis charge sheet has been submitted against the petitioner and others. Having regard to the facts and the circumstances of the case, the petitioner, Chandra Shekhar Roy, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia, District- Bhagalpur, in connection with Dholbajja P.S. Case No.25/2008. P.S. (Dr. Ravi Ranjan,J)