IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17851 of 2009 RANA PRATAP YADAV, SON OF LATE BALI RAM YADAV, RESIDENT OF VILLAGE SUKIYAMA, P.S. HULASGANJ, DISTRICT JEHANABAD Versus STATE OF BIHAR ----------- 5. 10.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner is not named in the first information report. From the F.I.R. it appears that the petitioner and the deceased while coming back by motor-cycle was fired from back due to which the deceased and the petitioner both fell down from the motor-cycle. It is also stated that the petitioner ran away from the place of occurrence and informed the informant upon which the informant lodged the F.I.R. raising suspicion against five named accused persons in the F.I.R. However, charge sheet was submitted against the petitioner only and final form was submitted against other five accused persons, who were not sent up for trial. Thereafter the informant filed a protest petition in the court below against the said five accused persons. In her protest petition which was treated as complaint and in solemn affirmation, she - 2 - specifically stated that this petitioner was not involved in this case and it was a handiwork of the said five accused persons. Petitioner is in custody since 13.12.2008. It is submitted that subsequent to filing of the complaint, petitioner was made accused in two more cases due to the fact that petitioner himself had filed complaint case against two police officials and one M.L.A as appearing in Annexure-2. It is stated that apart from these two cases, there is no other cases pending against the petitioner. Considering the above facts and circumstances, the application is allowed. Petitioner (Rana Pratap Yadav) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Hulasganj P.S. Case No.22 of 2008. B.T (J.N. Singh, J.)