IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24837 of 2009 SANJAY KUMAR, SON OF LATE CHANDRIKA PRASAD, RESIDENT OF VILLAGE MEURA, P.S. ATHMAL GOLA, DISTRICT PATNA VERSUS STATE OF BIHAR ----------- 2. 07.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 307, 302 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act. It is stated that two accused persons dragged the deceased from his house towards house of accused Ram Ratan Prasad, father of accused Binod Yadav and when he was brought there, petitioner and one Vijay Singh pushed up the deceased on the Otta and thereafter wife of Binod Yadav brought gun from her house and gave it to Binod Yadav to shoot the deceased who resorted to firing as a result of which deceased died. Learned counsel for the petitioner submits that petitioner may not be knowing actual intention of said Binod Yadav and, therefore, it is difficult to rope in petitioner for the offence under Section 302 of the I.P.C. He also submits that two persons, who are said to have dragged the deceased towards the house of accused Ram Ratan - 2 - Prasad, have been allowed anticipatory bail by this Court vide order dated 8.8.2008 passed in Cr. Misc. No.26733 of 2008. He also submits that wife of Binod Yadav, who had brought the gun and handed over it to Binod Yadav, has also been allowed bail by this Court vide order dated 27.8.2008 passed in Cr.Misc. No.35996 of 2008. He submits that petitioner is in custody since 23.5.2009 and he has no criminal antecedent. Considering the above facts and circumstances and specially considering the fact other co-accused persons, who played some specific role in the occurrence at different stages, have been allowed bail, this application is allowed. Petitioner (Sanjay Kumar)is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Athmal Gola P.S. Case No.51 of 2008. B.T (J.N. Singh, J.)