IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33253 of 2009 KUMAR CHAUHAN @ RAJ KUMAR CHAUHAN, S/o Late Ramjee Chauhan, R/o Vill. – Laxmi Bigha, P.S. – Chandi, Distt. – Nalanda ………………………………..…… PETITIONER Versus THE STATE OF BIHAR ………… OPPOSITE PARTY. ------------- For the Petitioner:- Mr. Birendra Kumar, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ---------------- 4. 08.12.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner is accused in a case registered under Sections 307, 302 and 34 of the Indian Penal Code. It is submitted on behalf of the petitioner that petitioner is not named in the first information report as the same had been lodged against unknown persons. It is further stated that after two days of the occurrence, statement of one Pappu Mahto was recorded, who had also named this petitioner and others, stating that he was also sleeping with the deceased and he was also attacked by the miscreants. Allegation of assault was specifically alleged against co-accused, Shankar Chauhan and Santosh Chauhan. However, he made general and omnibus allegation against seven named and other unknown persons for participating in - 2 - the alleged occurrence. However, subsequently a different story altogether had cropped up, according to which, Dharmendra Chauhan and Santosh Chauhan were said to have killed the deceased. It is submitted also submitted on behalf of the petitioner that the case was again supervised and the petitioner and not found to be involved in this case and, as such, an application was filed before the Chief Judicial Magistrate, Hilsa for annulling the charge sheet submitted against this petitioner and for ordering his release. The said application has been brought on record as Annexure-5 appended with the supplementary affidavit. Learned counsel for the State submitted that earlier Pappu Mahto had named this petitioner also along with others. However, specific allegation of assault was against Shankar Chauhan and Santosh Chauhan. The materials collected during the course of investigation suggest that co-accused; Dharmendra Chauhan and Santosh Chauhan were responsible for killing of the deceased. Thereafter, though charge sheet was earlier submitted, but the police had filed an application before the Chief Judicial - 3 - Magistrate concerned for release of this petitioner. Having regard to the facts and circumstances of the case, I direct the petitioner, Kumar Chauhan @ Raj Kumar Chauhan to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Hilsa, Nalanda in connection with G.R. No. 784/09 / Chandi P.S. Case No. 120 of 2009 dated 09.06.2009. dk ( Dr. Ravi Ranjan, J. )