IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40604 of 2008 DHARMENDRA BHUIYAN @ DHARVENDRA BHUIYAN Versus STATE OF BIHAR ----------- 3. 23.12.2008 Heard counsel for the parties. The petitioner seeks bail in a case instituted under sections 302 and 201/34 IPC and section ¾ of Witch Craft Act. Although the FIR has been lodged against seven named accused persons including the petitioner, but it appears that there is no direct allegations against the petitioner. It is alleged that the petitioner along with one Dewan Yadav and Barhan Bhuiya had also threatened the deceased. From the impugned order, it appears that prayer of the petitioner was refused referring to the averments recorded in paragraphs 66 and 67 of the case diary. Counsel for the petitioner submits that in paragraph 66 and 67 statements of Mahendra Rikiyasan and Ram Prasad Mahto have been recorded. It is further submitted that in those statements the names of some other accused persons have been named but not the petitioner. Learned APP, after going though the relevant portion of the case diary accepts this position. It appears that the petitioner is in custody since 2.4.2008. Having regard to the facts and circumstances of the case, this Court is inclined to admit the petitioner on bail. - 2 - Let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M. Sherghati at Gaya in Bankey Bazar (Raushanganj) p.s.case no.60/2007, on the condition that one of the bailors should be close/own family member of the petitioner. hr ( Kishore K. Mandal )