IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16791 of 2009 1. ARUN MANDAL 2. SUDAN @ SUDANA MANDAL Versus STATE OF BIHAR ----------- 02/ 22.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for bail has been filed by the petitioners, who are accused for offences punishable under Sections 364/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are in custody since 22.4.2008 and 27.5.2008 respectively although the entire allegation against them is absolutely false and frivolous. Learned counsel for the petitioners further submits that trial of the case has commenced and 19 witnesses have been cited in the charge sheet, out of whom 12 witnesses have been examined and except the informant all of whom have turned hostile. Learned counsel for the petitioners state that earlier the prosecution case was closed but subsequently their petition under Section 311 of the Code of Criminal Procedure was allowed and the matter was re-started. Learned counsel for the petitioners further states that several co- accused with similar allegations, namely, Sudhir Kumar Singh, Shankar Singh and Shailendra Singh have been enlarged on bail by different orders of this Court. He further avers that recently by order dated 2.3.2009 passed in Criminal Misc. No. 2806 of 2009 - 2 - this Court directed Manoj Kumar Singh to be enlarged on bail and the allegation against the said Manoj Kumar Singh is exactly similar to the allegation against the petitioners. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioners, namely, Arun Mandal and Sudan @ Sudana Mandal be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C.-III, Purnea in connection with S.T. No. 434 of 2008/452 of 2008 arising out of Bhawanipur (Akbarpur) P.S. Case No. 24 of 2004. S.Sb/- (S.N. Hussain, J.)