IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12543 of 2009 MD.KALLU @ MD. WASIM @ MD.WASIMUDDIN, SON OF LATE AMIN MIAN, RESIDENT OF VILLAGE MOHBATPUR, P.S. SHERGHATI, DISTRICT GAYA Versus STATE OF BIHAR ----------- 3. 24.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 302 and 338/34 of the Indian Penal Code. Petitioner is said to be driver, who had taken the deceased for bringing Quawal party and thereafter they came back. Later on, on the basis of the confessional statement of a co-accused it appears that some co-accused person had altercation with the deceased in a field in respect of a girl and there one Shaidab had inflicted knife blow on the head of deceased repeatedly. In the confessional statement petitioner is stated to have caught the hand of the deceased. Except that, no role has been assigned to the petitioner in the occurrence. Learned counsel for the petitioner has produced a copy of the order dated 16.6.2009 passed in Cr. Misc. No.11203 of 2009 from which it appears that said Shaidab has been allowed bail by this court. - 2 - Petitioner is in custody since 2.12.2008 and it is stated that he has no criminal antecedent. Considering the fact that the main accused, who allegedly had inflicted repeated knife blow on the head of the deceased, as per statement of the co-accused, has been allowed bail by this Court, the application is allowed. Petitioner (Md. Kallu @ Md. Wasim @ Md. Wasimuddin) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati, District Gaya in connection with Sherghati P.S. Case No.331/2008. B.T (J.N. Singh, J.)