IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48039 of 2007 CHANDRA SHEKHAR PODDAR Versus STATE OF BIHAR ----------- 3. 12.5.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner prays for anticipatory bail in a case under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for the sole reason that he is the uncle of Krishna Poddar who is the main assailant having caused the murder of Kusheshwar Mahto. It is submitted that petitioner was not even present on the spot and on the basis of the said relationship alone he has been made an accused. It is pointed out that immediately after the occurrence in the course of the same transaction, the said Krishna Poddar had also been killed by the prosecution party for which Tajpur P.S. Case No. 262/03 dated 31.10.2003 has been registered whereas the present case is Tajpur P.S. Case No. 263/2003 dated 31.10.2003. Learned counsel for the petitioner further states that not a single eye witness to the occurrence has named the petitioner as being present at the scene of the occurrence and thus he has been falsely made accused in this case for the sole reason that he is uncle of the main assailant namely, Krishna Poddar showing him as having instigated the assailant. Learned Additional Public Prosecutor for the State also - 2 - accept that in the course of investigation except the informant no other eye witness to the occurrence has named this petitioner as an accused or that he was present on the spot and took part in the altercation that was going on. On a consideration of the aforesaid facts and circumstances, it is directed that the petitioner Chandra Shekhar Poddar, in the event of his arrest/surrender in the Court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Tajpur P.S. Case No. 263/2003 to the satisfaction of the Chief Judicial Magistrate, Samastipur subject to the other conditions laid down under Section 438(2) of the Code of Criminal Procedure. P. Kumar (Ramesh Kumar Datta, J.)