IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.21870 OF 2009 BINAY KUMAR @ BINAY GOPE @ VINOY GOPE, SON OF SRI LOTHA GOPE, RESIDENT OF VILLAGE HARNICHAK, POLICE STATION PHULWARI, DISTRICT PATNA VERSUS THE STATE OF BIHAR ****** 4 29/07/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Sections 302, 120B/34 of the Indian Penal Code. The allegation against the petitioner is that he along with Vijay Gope, Krishna Gope and some unknown criminals fired at the husband of the informant which resulted into his death. Learned Counsel for the petitioner submits that the trial of this case has commenced and the wife of the deceased and one tea stall owner who are the eye- witnesses to the alleged occurrence have been declared hostile. It is also stated that the petitioner has remained in custody for three years. Considering the aforesaid facts, the above named petitioner is directed to be release on bail in Phulwari Police Station Case No. 660 of 2006 (Sessions Trial No. 13 of 2009/29 of 2009) on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like - 2 - amount each to the satisfaction of the Additional Sessions Judge XIII, Patna with a condition that one of the bailors must be closely related to the petitioner. Anand ( Sheema Ali Khan, J. )