IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18171 of 2008 DILIP MANDAL @ DEEPAK MANDAL Versus STATE OF BIHAR ----------- 2 15.05.2008 Learned counsel Sri Rajendra Kumar Jain has filed vakalatnama on behalf of the informant Mithilesh Kumar Jha. Heard learned counsel for the petitioner, learned counsel for the informant as also the learned A.P.P. for the State. The petitioner sought to be prosecuted for offence under section 302/34 I.P.C . and sectin 27 Arms Act in connectin with Rajoun P.S. case No. 137 of 2006. As per the allegations Pawan Choudhary and Ranwir Rai had fired at the brother of the informant causing his death. The petitioner along with others were innocent and not sent up and final form had been submitted by the police after due investigation, but the learned Magistrate differed and took cognizance also against the remaining persons including this petitioner. Kamleshwari Chaudhary and Mahesh Mandal whose case is similarly situate as that of the petitioner have been granted benefit of section 438 Cr.P.C. vide order dated 11.4.2008 passed in Cr. Misc. No. 7022 of 2008. Since the case of the petitioner is similarly situate as those of Kamleshwari Chaudhary and Mahesh Mandal, in the event of arrest or surrender by the petitioner, namely, Dilip - 2 - Mandal @ Deepak Mandal in the Court below within a period of three weeks from today, he shall be enlarged on bail on furnishing bail bond of Rs, 10,000/- with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Rajoun P.S. Case No. 137 of 2006, subject to the conditions laid down in section 438(2) Cr.P.C. Sanjay/- (Abhijit Sinha, J.)