IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18585 of 2009 KRISHNA SINGH @ KRISHAN BIHARI SINGH, S/O Radhey Shyam Singh, R/O Vill-Mathiya, P.S. Dinara, Distt-Rohtas. Versus STATE OF BIHAR ----------- 4 5/11/2009 Heard counsel for the petitioner and counsel for the State. Prima-facie allegation against the petitioner in the First Information Report relating to offence under section 302 of the Indian Penal Code would be of the main assailant, but then serious doubt would arise on the version of the prosecution, inasmuch as, at the crucial place in the First Information Report there is a deliberate cutting without any further endorsement by way of signature where name of Ajit Singh has been scored over and further replaced by the name of petitioner Krishna Singh. It is also not that such allegation against Ajit Singh of being the main assailant was not corroborated in course of investigation, inasmuch as, at least four witnesses have claimed that it was Ajit Singh who had caused fatal injury. Yet another revealing aspect would be that, four witnesses of the prosecution including the Informant haved named the petitioner to be the main assailant giving fatal fire arm injury but then they have developed the story that the deceased was picked up and dragged out of his house by five persons including the petitioner, but then dead body had been recovered in the field of one Lalan Singh and surprisingly there is no dragging mark found by the Investigating Officer in or around the plea of occurrence and even distance from the 2 house of the Informant to the field of Lalan Singh has also not been mentioned in the case diary. Apparently version of the so called eye witness do not inspire confidence especially when the obvious cutting made in the First Information Report would enable counsel for the petitioner to urge for benefit of doubt in favour of the petitioner at least for the purpose of his bail. That being so, when counsel for the petitioner would also submit that the petitioner has got no criminal antecedent, this Court on an overall consideration of the materials on record is inclined to grant bail to the petitioner. Accordingly, the petitioner, namely, Krishna Singh @ Krishan Bihari Singh 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 S.D.J.M. Bikramganj in Dinara P.S. Case No.12 of 2008. One of the bailer of the petitioner however must be his close family relative. The petitioner without fail shall remain present in course of trial and his absence on two consecutive dates shall make him liable for cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)