IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44026 of 2009 1. TUNTUN RAM , 2. Upendra both sons of Kalesh Ram @ Kaleshwar Ram, resident of village Dhadhour, P.S. Sikandra, District Jamui ….. Petitioner Versus STATE OF BIHAR …. Opposite Party For the petitioners: Mr. Arvind Kumar Singh, Advocate For the State : Mr. Umesh Lal Verma, A.P.P. ----- 5 23.4.2010 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Sections 302, 201, 34 of the Indian Penal Code. It is submitted that the informant himself is not an eye witness as his source of knowledge about the occurrence are other persons including one eye witness, i.e., the son of the deceased, namely, Vikki, who is stated to be of about 8 years. It is submitted that though in the first information report on information of aforesaid Vikki, it has been stated that co-accused Tuntun Ram, Umesh Ram and Upendra have killed the deceased. However, the statement of the said boy Vikki was recorded under Section 161 Cr.P.C., wherein he has named about 5 - 2 - persons including the petitioners and two ladies. However, the specific allegation as per him is upon Tuntun Ram, i.e, petitioner no. 1 of assaulting upon the head of the victim by a “kulhari”. It is submitted that in another co-accused Umesh Ram, who has also been named in the first information report, has been granted bail by a Bench of this Court vide order dated 19.11.2009 passed in Cr. Misc. No. 39849 of 2009. A copy of the order dated 19.11.2009 is appended as Annexure 2. Having regard to the facts and circumstances of the case, since the petitioner no. 1 is named in the first information report on the basis of the statement of aforesaid boy, namely, Vikki, who is an eye witness and since he has named the petitioner no. 1 as the assailant, I am not inclined to grant bail to this petitioner Tuntun Ram. So far petitioner no. 2, Upendra is concerned, though he has been named in the first information report but as has been submitted, the direct allegation of assault upon the head has been levelled against the petitioner no. 1, Tuntun Ram. Apart from above the other co-accused Umesh Ram had already been granted bail by a Bench of - 3 - this Court. In view of the facts and circumstances, the petitioner no. 2, Upendra, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Sikandra P.S. Case No. 276 of 2008. The concerned court shall take every step for expeditious disposal of the trial. Spd/- (Dr. Ravi Ranjan, J.)