IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37482 of 2008 Gopal Chaudhary, son of Late Janak Chaudhary, resident of village- Bargazawa, P.S.-Ramnagar, District- West Champaran.. . Petitioner. Versus THE STATE OF BIHAR WITH Cr. Misc. No.46969 of 2008 Kishore Ram, son of Yadu Ram, resident of village-Katki, P.S.-Piprasi, District- West Champran. . . . Petitioner. Versus THE STATE OF BIHAR ----------- 3/ 24.03.2009 Since both the applications arise out of one and the same police case i.e. Gobardhana P.S. case no. 25 of 2007 which has been registered against Lal Bahadur Kushwaha, petitioner Kishori Ram and three other unknown for the offences under Section 364 A and 307 of the Indian Penal Code and 27 of the Arms Act on 20.12.2007 and later on by order 02.01.2008 Section 302 of the Indian Penal Code has also been added, they have been heard together and are being disposed of by this common order. On 18.12.2007 the informant along with petitioner Gopal Chaudhary and Md. Sanaullah proceeded for village Banahua Parsa and reached there in the after noon where the wood was loaded on the tractor and it was sent to Ram Nagar. Thereafter Gopal Chaudhary and Md. Sanaullah proceeded on the motorcycle to Ram Nagar and after ten minutes the informant and Farooque proceeded on another motorcycle and all of them were kidnapped in the mid way and the criminals snatched their Mobiles and cash. The victims were taken to Banswari and one of the miscreants, who was member of Kishori gang released Farooque and handed over the key of the motorcycles to him. - 2 - In the night, three miscreants went away and two remained there. There was scuffle between the miscreants and the victims. The informant heard the sound of firing and in the morning Sanahulla was found in injured condition, who was brought to Bagaha for treatment but succumbed to his injuries. Submission on behalf of the both the petitioners is that they have been falsely implicated. The petitioner Kishori Ram is not exactly named with and parentage. One person uttering ‘Kishori’ named him. About the another petitioner Gopal Chaudhary, who has been found to be a witness to the occurrence and he was not accused by any stretch of imagination and this fact was taken into account by Superintendent of police and the Superintendent of Police in his subsequent supervision has found that the implication of the petitioner appears to be doubtful. There was dispute on the question of money exchange between Sanahulla and Gopal Chaudhary and on account of village politics the family members of Sanahulla have falsely implicated him. On behalf of Kishori Ram it has been submitted that he has not been named in the correct perspective. He has been put on Test Identification Parade to clear the ambiguity. There is nothing in the case diary and in his confessional statement. Prayer for bail has been opposed by the learned counsel appearing for the informant, who has submitted that the petitioners are delaying the trial and initially the Superintendent of Police had found the implication of the petitioners to be correct. - 3 - Considering the facts and circumstances of the case, petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand), each, with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha in connection with Gobardhana P.S. Case No. 25 of 2007. Uday/ (Shyam Kishore Sharma, J.)