IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38767 of 2009 UDAY RAI, SON OF SRI INDRADEO RAI, RESIDENT OF VILLAGE BACHARI, P.S. PIRO, IN THE DISTRICT OF BHOJPUR. PRESENTLY RESIDING AT IBRAHIMPUR, WARD NO.8, P.S. PIRO IN THE DISTRICT OF BHOJPUR…………..PETITIONER. Versus THE STATE OF BIHAR…………………..OPPOSITE PARTY. ----------- For the Petitioner : Mr. Akhileshwar Pd. Singh, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. -------- 2. 13.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 302/201/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that though he is named in the F.I.R. but his implication is only due to the fact that he happens to be the neighbour of the deceased, who was residing with co-accused Ramesh, Rajesh etc. As per the allegation, there was property dispute between Ramesh and the deceased. The petitioner has nothing to do with that. The name of the petitioner has surfaced in the alleged confessional statement of co-accused, Ramesh, as being one of the 2 conspirators, however, it was again submitted that he has no conecern with the property dispute of the aforesaid co-accused Ramesh and the deceased. It is stated that there is alleged circumstantial evidence against the petitioner that the dead body was recovered from the ditch situated opposite to the house of the petitioner. It has also been submitted that the petitioner is in custody since 11th of July, 2009. Lastly, it is submitted that one of the co-accused, Geeta Devi @ Arti Devi, wife of Anil Rai, the brother of the petitioner, has already been granted bail by a Bench of this Court vide order dated 7.11.2009 passed in Criminal Misc. No.38782 of 2009. Learned counsel for the petitioner has produced the certified copy of the aforesaid order. Let it be kept on record. Having regard to the facts and the circumstances of the case, the petitioner, Uday Rai, 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, Bhojpur, Ara, in connection with Piro P.S. Case No.133 of 2009. P.S. (Dr. Ravi Ranjan, J)