IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23471 of 2009 PRITHAWI RAJ CHOUHAN Versus STATE OF BIHAR ----------- 3 07.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Parbatta P.S. Case No.31 of 2009 registered under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act. Petitioner has been taken into custody by reason of an occurrence in which one Dum Bahadur Mandal, an assistant teacher of a local school, was shot dead by two persons who came on motorcycle and fled away after gunning him down. It is stated on behalf of the petitioner that he has been taken into custody merely for the reason that he himself had informed the family members of the deceased regarding alleged occurrence. It is contended that no other specific allegation has been made against the petitioner and that the petitioner was himself having cordial relationship with the deceased and thus had no reason for being 2 involved in the alleged occurrence. It is further contended that the informant, a teacher, is only an eye witness of the occurrence and he does not name the petitioner. Having regard to the facts and circumstances of the case, let the petitioner, Prithawi Raj Chouhan, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 31 of 2009. Bibhash (Jyoti Saran, J. )