IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4699 of 2009 ***** Md. Niyaz son of Md. Shaed resident of village- Baro Shahnagar, P.S.-Fulwaria, District- Begusarai. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 6.7.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is in custody since 13.5.2008 in connection with Fulwaria P.S. Case No.128 of 2007 for the offences under Sections 302/201/34 of the Indian Penal Code. As per the allegation the petitioner is supposed to have dragged the victim from the house of the informant, brutally assaulted him and later on his body was found in a ditch. The motive contributed against the petitioner is that the deceased had assaulted the sick sister of the petitioner over six years ago, which led to her death and the present crime has been committed in retaliation thereof. Learned counsel for the petitioner submits that it is a case of hit and run, which has been given the colour of murder. Even according to the allegation no independent witness would certify the allegation and the cause is too remote now to be the reason for the immediate provocation or pre-conceited plan for committing crime. The petitioner, therefore, deserves indulgence of the Court. Taking into consideration the totality of the circumstances and the evidence on record, let the petitioner, namely, Md. Niyaz, be enlarged on bail on his furnishing bail bond in the sum of Rs.10,000/- (ten thousand) with two sureties in the like amount each to the satisfaction of - 2 - Fast Track Court-I, Begusarai in connection with Fulwaria P.S. Case No.128 of 2007 corresponding to S.T. No. 477 of 2008. One of the sureties would be executed by Md. Pravej, brother of the petitioner on due identification by the Court below. The petitioner shall cooperate in trial and shall appear on each and every date in trial. Pawan/- (Ajay Kumar Tripathi, J.)