IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17571 of 2009 ***** Sudesh Chaudhary son of Rajo Chaudhary, resident of village- Hazipur, Police Barauni, District Begusarai. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 8.9.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is an accused and is in custody in Barauni (Chakia) Police Station Case No.252 of 2008 which was registered under Section 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It is a case of killing of informant’s father who was stated to be Sarpanch. Submission of the counsel is that he is not named in the F.I.R. One of the prime eyewitness said to be brother of the deceased has also not named him in his statement under Section 161. The reason why the petitioner’s name has figured because two of the accused have stated in the confessional statement that the petitioner was also part of the gang which committed the crime. Submission is that except for the confessional statement of the other accused there is no independent witnesses even the informant in a petition filed before the Court of Chief Judicial Magistrate has made allegations against others and no against the petitioner. In fact effort is on to rope in innocent persons so that the prime accused Ram Binod Yadav gets benefit in the matter. Keeping the nature of evidence which has come against the petitioner and that he is not named in the F.I.R. giving the benefit of doubt at this stage, let the petitioner, namely, Sudesh Chaudhary, be enlarged on - 2 - bail on furnishing bail bond in the sum of Rs.20,000/- (Twenty Thousand) with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni (Chakia) Police Station Case No.252 of 2008. One of the sureties will be executed by the father of the petitioner on due identification and the other by an elected representative of the area. Petitioner will further cooperate in the trial of the case and will not abscond from law. Pawan/- (Ajay Kumar Tripathi, J.)