IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33081 of 2008 SHYAMDEO RAY S/o- Kishori Rai R/o Village Varsimha, P.S. Alipur Dist.- Gaya Versus STATE OF BIHAR ----------- 2. 16.10.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case for the offences registered under Sections 147, 148, 149, 341, 302 of the Indian Penal Code and 27 of the Arms Act and later on added 120B subsequently. It is submitted that FIR is against 10-15 unknown extremists. It is further submitted that the petitioner has been implicated in this case on the statement of his own Mousa who was on inimical terms with the petitioner since the mother of the petitioner executed a will in favour of the petitioner and on account of getting it probated a dispute arose. It is further submitted that after investigation police submitted charge sheet against six persons and during the trial the same ended in acquittal since the witnesses have gone hostile including the Mousa of the petitioner who was P.W 11 in the said case as he did not support the prosecution case. Beside the statement of P.W. 11 in course of investigation there is absolutely no material and the said P.W. 11 later on not - 2 - supported the prosecution case by stating to the effect that he does not know about the murders. Learned counsel for the State considering the order of acquittal as contained in Annexure-7 is not in a position to refute the submissions on behalf of the petitioner. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Alipur P.S. Case No. 2 of 2002 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)