IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32090 of 2011 Basant Das Son of Kallar Das, resident of village Naua Chak, P.S- Sarairanjan Dist- Samastipur Versus The State Of Bihar ----------- 02 12.10.2011 Heard learned counsel for the petitioner and the learned A.P.P for the State. The petitioner is accused in connection with S. T. No 359 of 2011, arising out of Sarairanjan P.S.Case No. 21 of 2011, registered under Sections 302/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in this case and he is in custody since 10.3.2011. It has also been submitted that from the F.I.R, it appears that while six accused persons named in the F.I.R along with five to six unknowns have assaulted the deceased, but no specific overt act has been alleged against any of the accused persons as well as the petitioner and on investigation the police has also submitted the charge sheet under Section 304/34 of I.P.C. The allegation is that all the accused persons at about 11 P.M. in the night on 10.3.20011 carried away the brother of the informant, Upendra Rai, and tied up with rope and assaulted 2 him with lathi, Danda and iron rod , as a result of which the brother of the informant, Upendra Rai, died. Having regard to the facts and the circumstances of the case, the petitioner abovenamed, 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 Additional Sessions Judge, 3rd Samastipur, in connection with S.T. No. 359 of 2011. Namita ( Rajendra Kumar Mishra, J.)