IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5832 of 2009 DHAMALU PANDEY Versus STATE OF BIHAR ----------- 06. 09.11.2009 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner has been charged under various Sections of the Indian Penal Code including 307, 302, 324, 353 read with 27 of the Arms Act and the case in question is Kateya P.S. Case No. 119 of 2000. The informant of the case was Officer-In-Charge of the Kateya P.S. who alleged that he received information that the petitioner against whom many criminal cases was pending was hiding with his gang in the village. He thereafter conducted a raid in which firing took place. It is stated that one Anand Pandey probably was killed by the petitioner and his gang and his body dumped at the place of occurrence. Submission of the learned senior counsel is that the killing of the said Anand Pandey who happens to be the son of an eminent scholar and professor of J.N.U. created a lot of hue and cry. The matter traveled to the Hon’ble Supreme Court and thereafter the informant of the present case namely Binay Pal, the Sub-Inspector of the Police came to be charged with the killing. The trial was 2 held which was Sessions Trial No. 33/2004/68/2009. The trial has led to conviction of the said Sub-Inspector though not for murder but under Section 364 of the I.P.C. Based on the decision rendered by the Court of 3rd Additional District & Sessions Judge, Gopalganj, learned counsel for the petitioner submits that the whole allegation and the charge-sheet brought against the petitioner and his implication in the present case becomes finally doubtful and therefore he should be given benefit of doubt as he has remained in custody since two years. The certified copy of the judgment of the trial Court has been produced in support of the submission. Keeping the evidence and the material brought before this Court, let the petitioner namely Dhamalu Pandey be enlarged on bail on furnishing bail bond of Rs. 20,000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of F.T.C.-I, Gopalganj in connection with Kateya P.S. Case No. 119 of 2008(S.Tr. No. 280 of 2008). One of the sureties will be executed by the father and other by the wife of the petitioner on due identification by the Court below. Petitioner is directed to co-operate in the trial by appearing in the Court either through himself or through his counsel. Shageer (Ajay Kumar Tripathi, J)