IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40204 of 2009 PRITAM CHAUDHARY @ PARSHURAM CHAUDHARY, S/o Late Baldeo Chaudhary. Versus THE STATE OF BIHAR ----------- 02. 18.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 353, 323, 337 and 307 of the Indian Penal Code and Sections 25(1-B) A, 26 and 35 of the Arms Act. The petitioner has renewed his prayer for bail on account of the fact that he was not released from jail custody since this Court has directed the court concerned to make an inquiry into the submission that the petitioner was accused in only one other case but on verification he found that the petitioner was accused in four other cases. However, the petitioner has explained that the petitioner is not co- accused in Parbatta P.S. Case No. 06 of 1997 and was acquitted, in Parbatta P.S. Case No. 84 of 1997 and even though he was accused in Parbatta P.S. Case No. 126 of 1993, a final report has been submitted in this case and therefore the petitioner - 2 - was right in submission that he was accused in only one other case besides the present one. It is unfortunate that the learned Magistrate has not exercised his discretion in the proper manner and it is expected that henceforth he will be more watchful and take care to ensure that no injustice is done to any one no matter how small the person. Once a report has been received from the S.P. concerned a proper notice should have been given by him so that the petitioner could explain his submission in the same manner as he has done here and satisfied this Court. Taking into consideration the aforesaid submissions, let the petitioner above named be released on bail on earlier conditions to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 101 of 2009. Vikash/- (Anjana Prakash, J.)