IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30677 of 2008 KAUSHAL KISHORE SINGH, SON OF SURENDRA PRASAD SINGH, R/V REVA BASANTPUR, P.S. SARAIYA, DISTRICT MUZAFFARPUR------- -------PETITIONER. Versus STATE OF BIHAR------------------------OPPOSITE PARTY. ----------- 04. 03.12.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 302/34 of the Penal Code and Section 27 of the Arms Act and is named in the First Information Report along with Nand Kishore Singh and three others. Petitioner and Nand Kishore Singh are allegedly the assailants of the deceased. The case was registered on 24.9.1997 and the investigation was taken over by the C.I.D. In the year 2008, C.I.D. authorities concluded that the accusation in the F.I.R. is false and with such finding remitted the records to the District police. District police thereafter arrested the petitioner on 20.4.2008 and proceeded with the investigation. During investigation, the D.I.G. supervised the occurrence and stayed the arrest of the remaining F.I.R. named accused persons including Nand Kishore Singh. Petitioner is languishing in jail since the date of his arrest and the investigation as regards the others named in the F.I.R. is merrily proceeding. - 2 - In the circumstances, the petitioner, namely, Kaushal Kishore Singh is directed to be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Saraiya P.S. Case No. 169 of 1997. Rajesh/ (V.N.Sinha,J.)