IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40442 of 2009 RAMGIR RAI, SON OF LATE SURAJ RAI, RESIDENT OF VILLAGE-BHALUAHA, P.S. KANHAULI, DISTRICT- SITAMARHI………………………………………PETITIONER. Versus THE STATE OF BIHAR……………………..OPPOSITE PARTY. ----------- For the Petitioner : Mr. P.N. Shahi, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. For the Informant : Mr. Vinod Kumar, Advocate. ----------- 2. 25.11.2009. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is an accused in a case registered under Sections 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner has not been named in the First Information Report either in the column of the accused or in the body of the fardbeyan of the informant. It is submitted that the brothers of the petitioner, namely, Rajgir Rai and Chandra Rai, have been named in the F.I.R. and in the F.I.R. in place of aforesaid both sons of Suraj Rai, all the three sons of Suraj Rai, have been mentioned. In that view of the matter, despite the fact that the petitioner had neither been named in the column of the accused 2 nor in the body of the fardbeyan of the informant, the petitioner had been made accused in this case. No role of this petitioner has been alleged in commission of crime. Learned A.P.P. for the State submitted that the name of the petitioner is not in the F.I.R. but there is descriptions of three sons of Suraj Rai were there and only Rajgir Rai and Chandra Rai have been named. Learned counsel for the informant submitted that other accused persons have not been arrested and only this accused had been arrested in this case. Having regard to the facts and the circumstances of the case, the petitioner, Ramgir Rai, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sonbarsa P.S. Case No.56 of 2008. P.S. (Dr. Ravi Ranjan, J)