IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20408 of 2009 RAKESH RAVIDAS @ RAJ ARYAN @ RAKESH CHAUDHARY, S/o Sri Bipin Ravidas, R/o Saidpur (House owner Kishore Yadav), Moti Chowk – Khagaul, P.S. Khagaul, District Patna …………….………… Petitioner Versus THE STATE OF BIHAR ……………………….……… Opposite Party. ----------- For the Petitioner:- Mr. D.K. Sinha, Sr. Advocate with Mr. A.K. Mishra No. 2, and Mr. U.K. Singh, Advocates. For the State:- Mr. R.P.S. Singh, A.P.P. ---------- 5. 05.10.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been made accused in a case registered under Section 302 of the Indian Penal Code. It is submitted on behalf of the petitioner that though in the body of the F.I.R., suspicion has been raised with regard to involvement of this petitioner, but the F.I.R. was lodged against unknown persons. Further submission is that in her second statement after two months of the lodgment of the F.I.R., the informant has named one Pappu Bhagat, who was arrested and had stated before the police that the deceased was also in jail along with him and he used to threaten him and demanded extortion money. Due to that an altercation had taken place between them after coming out of jail in 2 intoxicated state. Aforesaid Pappu Bhagat has also named this petitioner to be involved in assaulting the deceased. It is further submitted that it is manifest from the materials collected during the course of investigation that the deceased as well as aforesaid Pappu Bhagat was having criminal history and both were in jail and there was some dispute between them whereas the antecedent of the petitioner is clean and he has got no dispute with the deceased. Even it is assumed that all of them had assaulted the deceased, the same is not supported by medical evidence as there is only one injury upon the head of the deceased caused by hard and blunt substance. Petitioner is stated to be under judicial custody since 18.12.2008. Learned counsel appearing for the State submitted that co-accused Pappu Bhagat, who was on inimical terms with the deceased, has also named the petitioner. In the facts and circumstances of the case I direct the petitioner, Rakesh Ravidas @ Raj Aryan @ Rakesh Chaudhary to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten 3 thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. Danapur in connection with Khagaul P.S. Case No. 103/08. dk ( Dr. Ravi Ranjan, J. )