IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1 of 2009 UDESHI RAI, S/o Sri Ram Dayal Rai, Resident of village – Bishunpur Said Ali, P.S. – Bidupur, District – Vaishali. Versus THE STATE OF BIHAR ----------- 2. 04.02.2009 Heard Sri Pathak Dhananjay Kumar, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. Eleven accused persons including the present petitioner are alleged to have entered inside the house of the informant, who afterwards heard a sound of gun shot. The informant found that the accused persons were running out of his house. He found his mother dead and bleeding. The submission is that the brother informant, namely, Bashishtha Rai has filed a Complaint Case No. 1902 of 2008 before Chief Judicial Magistrate, Vaishali alleging the murder of his mother by the informant and others. The contention further was that the brother of the informant and the informant were litigating for certain piece of land and earlier also there was a case filed by the informant against his brother and others in which it was alleged that someone was kidnapped, but the police found the case palpably and maliciously false and submitted report to the above effect. It is contended that there was no purpose - 2 - for the murder to his mother. The contention is that the implication is false. Regard being had to the above facts and circumstances and considering that there is yet another version in which the informant is being prosecuted for the same act, let petitioner Udeshi Rai be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 136 of 2008. DKS/ (Dharnidhar Jha, J.)