IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43665 of 2008 Sunil Kumar Mandal, son of Sri Birendra Kumar Singh, resident of Purani Durga Asthan, Sultanganj, P.S.-Sultanganj, District Bhagalpur. ………………………………….Petitioner. Versus THE STATE OF BIHAR…………………Opposite Party. ----------- 3. 10.02.09. Heard learned counsel for the petitioner, State and the informant. The petitioner is an accused for offence under Sections 302, 307, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act in connection with Nathnagar P.S. Case No. 105/08. It is submitted that the petitioner is not assailant. However, the petitioner was allegedly sitting in the vehicle along with other co- accused Deepak Kumar Choudhary and Prabhu Kumar. After about six days of the alleged occurrence, statement of one Prabhu Kumar under Section 164 Cr. P.C. was recorded. It is alleged that complicity of the petitioner has been disclosed. However, there is nothing in the F.I.R. to the effect that petitioner had talk with any one with mobile It is further submitted that as per F.I.R. the petitioner along with other co-accused Deepak Kumar Choudhary and also said Prabhu Kumar, whose statement was recorded under Section 164 Cr.P.C. also sitting in the said car. However, Prabhu Kumar has not been made accused. It is further submitted that the victim had died after about 20 days of the alleged date of occurrence. However, no statement either before the Police or to the Doctor has been given by the deceased to implicate the petitioner. - 2 - Notwithstanding the above, it is submitted that statement under Section 164 Cr.P.C. given by said Prabhu Kumar, the implication of co-accused Deepak Kumar has been found with regard to have professional rivalry in liquor business. However, there is no allegation against the petitioner with regard to having any business rivalry. The petitioner is in custody since 9. 5. 08 and has no criminal antecedent. Learned A.P.P. on perusal of the Case Diary submitted that there is no specific allegation against the petitioner. Learned counsel for the informant has submitted that the case of the petitioner is on similar footing with accused Deepak Kumar Choudhary, whose bail has been rejected. Considering the facts and circumstances of the case, the petitioner namely, Sunil Kumar Mandal is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Nathnagar P.S. Case No. 105/08 corresponding to G.R. No. 1540/08. m.p. (Shailesh Kumar Sinha, J.)