IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5213 of 2011 DEEPAK KUMAR Versus THE STATE OF BIHAR ---------- 3 19.05.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in connection with Maker P.S. Case No. 43 of 2009 registered under Sections 397, 324, 326, 427, 120B, 109 and 302 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act and Section 17 of the C.L.A. Act pending in the court of learned Chief Judicial Magistrate, Chapra. The accusation is of making explosion through the land mines in which a constable and a driver died. It is submitted by the learned counsel for the petitioner that the petitioner was found present near the place of explosion but there is no proof to the effect that petitioner participated in the explosion. Moreover, the petitioner is a very meritorious students having very bright career. It is submitted by learned counsel for the State that there was a meeting, organized by the 2 criminals in which participation of the petitioner has been surfaced during the investigation. It is further submitted by learned counsel for the petitioner that the accusation of participation by the petitioner and his father together appears to be absolutely unreasonable. It appears that other accused persons have been granted regular bail. I see no reason for the learned court below not to given the same privilege to the petitioner. Let the learned court below consider the regular bail of the petitioner considering the aforesaid contention of the petitioner and dispose of the regular bail application of the petitioner preferably on the same day if the petitioner surrenders within a period of four weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.) 3