petitioner has fair and clean antecedent, the informant is not the eye-witness of the alleged occurrence of murder, as per the FIR the informant got the information of the alleged murder from one namely, Saurabh Kumar but in that information petitioner’s name was not revealed as being involved in the murder of the informant’s son and the co-accused Nitish Kumar @ Bhola and Nitish Kumar @ Bhujang (deceased) are close relatives but the petitioner had no relation with both the persons and during the course of investigation it came into light that co-accused Nitish Kumar @ Bhola had purchased a country-made pistol and in celebration of purchasing the said country-made pistol the other co-accused persons and the deceased were partying and at the place of occurrence petitioner was living as a tenant and he had no concern with the party as well as with the said purchased country-made pistol. Further submission is that during the investigation several witnesses whose statements are mentioned in Paragraph Nos. 8, 9, 10, 11 and 12 of the case diary, did not say anything against the petitioner and in this case except the suspicion raised by the informant there is no any other material to connect the petitioner to the alleged crime of murder.
