IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52123 of 2007 SHESHNATH CHOUDHARY Versus STATE OF BIHAR ----------- 5 14.5.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused in a case under sections 302 read with 34 of the Indian Penal Code and 27 of the Arms Act. The allegation is that informant’s brother was in the khalihan. He heard hulla of his brother. He rushed there along with his family members and saw the dead body of his brother lying on the road. The deceased was speaking names of the assailants. Accordingly an FIR was registered against three named persons. Learned counsel submitted that the police after investigation did not submit charge sheet against two FIR named accused persons namely Motichand Sah and Rajesh Pandey. He submitted that there is no direct or indirect evidence against the petitioner. During investigation not a single person has named the petitioner as the assailant of the - 2 - deceased before the police. He submitted that merely on the basis of suspicion the petitioner is lying in custody since 14.6.2007. In the facts and circumstances of the case, the petitioner, namely Sheshnath Choudhary is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran, in Bagaha (Bhairoganj) P.S.case no. 280/02. (M.Saran,J.) AI