IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41618 of 2009 SANTOSH DAS, SON OF RAMA NAND DAS, RESIDENT OF VILLAGE-SINARPURA, P.S. KHODAWANDPUR, SUB MANJAUL, DISTRICT-BEGUSARAI…….PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ------------- For the Petitioner : M/s. R.B.S. Pahepuri and Amitabh Choudhary, Advocates. For the State : Mr. R.P.S. Singh, A.P.P. ------------ 2. 7.12.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 302/34 of the Indian Penal Code besides Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that according to the informant 5 persons including the deceased were sleeping on the roof of the newly constructed house of one Ramanand Das. The deceased was the brother of the informant who had come from Delhi for his marriage. However, at 5.30 A.M. in the morning, the informant heard the sound of gun shot firing and saw the accused Bijoy Das - 2 - getting down from stairs. When on suspicion, he came to the roof of the aforesaid house, he saw the petitioner and one Subodh Mahto alongwith Ramanand Das fleeing away from the spot. Co-accused, Ramanand Das was armed with a pistol and then the informant found his brother dead due to fire arm injury. It has also been submitted that the petitioner has only been seen fleeing away whereas the co-accused Ramanand Das was seen fleeing away armed with a pistol and there is only one fire arm injury. Ramanand Das and Bijoy Das have not been sent up for trial by the police as the final form has been submitted, however, chargesheet has been submitted showing other persons including this petitioner as accused only on the basis of hearsay evidence collected during the course of investigation. Petitioner is stated to be in jail custody since 16.6.2009. Learned A.P.P. for the State submitted that co- accused Ramanand Das, who was seen by the informant armed with a pistol has not been sent up for trial by the police as final form has already been submitted showing the petitioner and others as accused. It is also stated that the witnesses have also supported the case, however, none is - 3 - eye witness. Having regard to the facts and the circumstances of the case, the petitioner, Santosh Das, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Begusarai, in connection with Khodawandpur P.S. Case No.49/09. P.S. (Dr. Ravi Ranjan,J)