IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12120 of 2010 GOPAL YADAV,s/o Late Somar Yadav,resident of village-Bansi, P.S.-Imamganj,District-Gaya. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :Mr.Rakesh Prabhat,Advocate For the State :Mr.Nityanand,Addl.P.P. ----------- 02/ 03-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 302/120B of the Indian Penal Code as also under Section 27 of the Arms Act, though petitioner is named in the FIR as an accused, but it is submitted that the entire prosecution case is based on suspicion and surmises. From perusal of the FIR vide Annexure-1, it appears that one unknown person had come in the field, where the deceased was working. Though the petitioner happens to be the Gotia of the informant, but his name has not been disclosed in the first part of the FIR. Subsequently, in the second part of the FIR suspicion has been raised against him on the ground that about two months earlier some altercation had taken place between the petitioner and the deceased. From the findings of the learned Session Judge also, it does not appear that there is any direct material to show the involvement of the petitioner. Be that as it may, in the event of arrest/surrender within a period of four weeks from today in Imamganj P.S.Case No.58 of 2009, G.R.No.912/2009, the above named petitioner shall 2 be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghati at Gaya, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)