IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24298 of 2008. MOHAN SAO S/ Late Jatan Sao, R/o village Barkatbigha P.S.Moffasil District Gaya. Versus STATE OF BIHAR ----------- 3 15.10.2008 The case is U/s 302/34 IPC. The informant claims in the F.I.R. that in the night at about 11 O’clock when his brother Awadhesh (deceased) had gone out to attend the call of nature, he cried and hearing the cries, when the informant went there, he saw that the deceased was lying with incised injury on his neck and six persons were fleeing away out of whom petitioner was identified as one who was carrying knife in his had. Learned counsel for the petitioner submits that the informant does not disclose in the F.I.R. means of identification. Mr.S.R.Haque, learned A.P.P. says that witness in Para- 5 of the case diary says about having seen the petitioner fleeing away with knife in his hand and that the informant in his further statement in Para-14 of the case diary has given the similar statement. Learned counsel for the petitioner replies that in Para-5 of the case diary, informant’s wife Shanti Devi has given her statement but she too, has also not disclosed the means of identification. Petitioner is said to be in custody since 17th December 2007. Under the circumstances, petitioner Mohan Sao is admitted to bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Moffasil P.S.Case No. 222/ 2007. Jay/ (C.M. Prasad,J)