IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43266 of 2008 SANJAY YADAV son of late Pachkauri Yadav, resident of village-Barua, P.S.-Raghunathpur, Dist.-Siwan. Versus STATE OF BIHAR ----------- 6. 31.3.2009. Heard learned counsel for the petitioner and the State. The petitioner is an accused of a case which has been registered under sections 302/34 of the Indian Penal Code. Allegation is that while the informant and his brother Birja Yadav returning from the house of Satendra Singh of village Barua to their house, the informant stayed near the house of Kaushal Singh of village Barua, His brother Birja Yadav when reached near the house of Krishna Nonia, then the petitioner and others having arms came from mustered field and tried to catch hold of his brother but his brother began to flee away. The informant concealed himself. Later on he heard sound of firing and a lady of the house of Bishwanath was shouting that criminals killed a man. Submission is that the informant is not an eye witness of the occurrence. He came to known from the lady of the house of Bishwanath Nonia that the criminals killed his brother. The said lady has not named the petitioner rather petitioner has been named by Bishwanath Nonia as a person who was fleeing away with others. He has also not seen the occurrence. The petitioner is in custody since 19.7.2007. This is the first case in which the petitioner has been implicated. The deceased was accused in four criminal cases of section 395 of the Indian Penal Code. Considering the facts and circumstances of the case the - 2 - above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-F.T.C.-III, Siwan in connection with Sessions Trial No.55 of 2008 arising out of Raghunathpur P.S.Case No.12 of 2007. Md.S. (Shyam Kishore Sharma,J.)