IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17148 of 2009 SARYUG PRASAD @ SIDHESHWAR PRASAD, son of Late-Gyani Das, resident of village-Lodipur, Medni Bigha, Khajpura, P.S.-Telhara, District- Nalanda. …….Petitioner Versus The State Of Bihar ……Opposite Party ----------- 03. 31.08.2009 The petitioner apprehends arrest in Ekangarsarai(Telhara) P.S. Case No. 107 of 2005 registered under Section 302 and other Sections of the Indian Penal Code read with 27 of the Arms Act. The First Information Report is on basis of statement recorded at about 9:30 am at the police station inter alia alleging that in the preceding mid-night while the informant his father and his brothers were sleeping outside the house. On a caught petitioner with his sons and others came and petitioner shot the informant’s father. Informant and his two brothers were then taken away and released in the morning with a threat not to go to the police. On this F.I.R. being lodged, police took up investigation and after thorough investigation duly supervised by the Superintendent of Police, a final form was filed not sending up the petitioner for trial. On behalf of petitioner, it is submitted that in course of investigation it has come on record that deceased had allegedly stray relationship with the son because of his 2 alleged affair with the daughter-in-law. It is further submitted that the occurrence took place at mid-night and not a single villager is said to have come there in spite of shots being fired. It is further submitted that only to cover up the delay in lodging F.I.R. the story of being removed outside the village has been built up. It is further submitted that in fact if petitioner had killed the deceased, he would not have left informant and two of his brothers to go and file complaint against him. It is these facts that persuaded the police to submit a final form not sending up the petitioner for trial. It is further pointed out that petitioner’s father and son who are also said to have been present at the time of occurrence have already been granted Anticipatory bail by this Court in Cr. Misc. No. 2330 of 2009 disposed of on 03.03.2009 and Cr. Misc. No. 12042 of 2009 disposed of on 21.04.2009. Having considered the matter, as after full investigation police has submitted final form not sending up the petitioner for trial and even though informant’s father was killed, petitioner’s brother and son who were accompanying petitioner when petitioner is said to have shot the deceased have been granted Anticipatory bail by this Court, I direct the petitioner namely Saryug Prasad @ Sidheshwar Prasad, in the event of his arrest or surrender before the Court below within a period of four weeks from 3 today, to be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Hilsa, Nalanda in connection with Ekangarsarai(Telhara) P.S. Case No. 107 of 2005 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)