IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31264 of 2008 PRAYAG MANDAL, Son of Late Yaddu Mandal, Resident of Laluchak, P.S.- Nathnagar, District- Bhagalpur :----- Petitioner. Versus STATE OF BIHAR:-----Opposite Party ----------- For the Petitioner :Mr. Krishna Mohan, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ====== 4. 03.12.2008. Learned counsel for the petitioner is permitted to correct the prayer portion of this application. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section302/34 of the Penal Code and is named in the First Information Report as suspect. The First Information Report has been lodged by the father of the deceased who is not an eye-witness of the crime. Later the wife of the deceased who was unconscious at the time of lodging of the First Information Report was examined and she alleged overt acts against the petitioner and his three sons, named in the First Information Report. It is submitted on behalf of the petitioner that two of the sons, namely, Mahesh Mandal and Prem Mandal are already in jail custody but Mantu Mandal has not surrendered so far. Mantu Mandal is directed to surrender in the court below forthwith and no sooner he surrenders, petitioner Prayag Mandal, who is said to be old, be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of A.D.J., Fast Track Court No.IV, Bhagalpur in connection with S.T.No. 864 of 2008, arising out of Nathnagar P.S.Case No. 271 of 2007 as he is said to be old and infirm and according to the eye-witness, namely, the wife of the deceased he only caught the deceased. P.K.P. (V.N.Sinha,J.)