IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10384 of 2011 CHINTU RAI Versus THE STATE OF BIHAR ----------- 04 16.05.2011 Heard learned counsels for the petitioner and the State. Petitioner is apprehending his arrest in a case registered under Sections 302 and 201/34 of the Indian Penal Code. The accusation against the petitioner and several others is of catching hold the victim whereas the accusation against Ram Sewak and Dara Singh to have pressed the neck of the victim by putting Lathi over the neck of the victim. It is submitted by the learned counsel for the petitioner that F.I.R. was lodged after five days of the occurrence on suspicion and maliciously the entire family members of the petitioner have been implicated in the case but during investigation the accusation was found false against the main assailant Dara Singh which some how clouds the accusation levelled by the informant in the First Information Report. It is also submitted that no eye witnesses claimed to have seen the occurrence during investigation and other accused persons have been granted 2 bail. It is submitted by the learned counsel for the State that the accusation has been found true and the charge-sheet has already been submitted. Let the learned court below consider the regular bail application of the petitioner keeping in view that the main accusation was against Dara Singh which has been found false by the Investigating Agency and other accused persons have been granted anticipatory bail in the matter. With above observation, the application is disposed off in connection with Alipur P.S. Case No. 16 of 2009 pending in the Court of the learned Chief Judicial Magistrate, Gaya. Let the order be transmitted to the learned court below through FAX at the cost of petitioner. Safik ( Dinesh Kumar Singh, J.)