IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 33327 of 2010 Imteyaz Ali @ Imali Dada, son of Ahmad Ali, resident of village – Mohammad Nagar (Kishun Bag), P S – Bettiah Town, District – West Champaran - Petitioner Versus STATE OF BIHAR - Opposite Party ----------- 2 21.12.2010 The petitioner apprehends arrest in Bettiah Mufassil Police Station Case No 326 of 2009 instituted under Section 302 of Indian Penal Code read with Section 27 of Arms Act. The prosecution case is that when the husband of the informant went for morning walk, she heard some gunshot injuries and upon looking out, found her husband shot dead. She did not see any assailant. In course of investigation, police arrested one Samir who, in his confessional statement, has said that one Vijay Prasad had hired him to kill the husband of the deceased. Vijay Prasad had sent one Anil Prasad to identify the deceased and had allegedly sent the petitioner to see the deceased. It is pointed out that upon this confessional statement when police tried to arrest Vijay Prasad and Anil Prasad, this Court released them on anticipatory bail in Cr Misc No 7992 of 2010 and Cr Misc No 13585 of 2010 both disposed of on 06.05.2010. The petitioner is being falsely implicated. Having perused the order of the learned Sessions Judge, it is clear that beyond this confessional statement of a co-accused in which Vijay Prasad, Anil Prasad, petitioner and others were named, there is no other material with the police. Be that as it may, in the event of his arrest/surrender within four weeks from today, the petitioner abovenamed shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Arresting 2 Authority/Chief Judicial Magistrate, Bettiah (West Champaran) in Bettiah Mufassil Police Station Case No 326 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)