IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39849 of 2009 UMESH RAM Son of Kaleshwar Ram @ Kalesh Ram, resident of Village Dhadhopur, P.S. Sikandra, District- Jamui. Versus STATE OF BIHAR ----------- 2 19/11/2009 Counsel for the petitioner would submit that due to inadvertence the deponent of this affidavit Navlesh Ram has been described as sister-in-law of the petitioner and in fact he is son-in-law of the petitioner. Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 302/201/34 of the Indian Penal Code and though he is named in the First Information Report the Informant himself is not an eye witness, inasmuch as, his source of knowledge about the occurrence is either neighbors or one Vikky, a child aged about eight years in the F.I.R. Counsel for the petitioner, however, would submit that none has supported the prosecution allegation as against the petitioner though they have supported the prosecution allegation of the deceased being done to death by use of Kulhari by other two co-accused, namely, Tuntun Ram and Upendra Ram. This Court also would find force in the aforementioned submission, inasmuch as, neither the said Vikky nor any other witnesses are claiming to be the eye witnesses of the occurrence have also not supported the prosecution allegation as against the petitioner 2 and therefore the hear-say version of the Informant by itself would not be sufficient to put the petitioner behind the bar. That being so, when the petitioner does not have any criminal antecedent, this Court would direct the petitioner, namely, Umesh Ram for being released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Jamui in Sikandra P.S. Case No.276 of 2008, on the conditions that one of the bailer of the petitioner must be his close family relative and further the petitioner shall remain regularly present in course of the trial and his absence on two consecutive dates will make him liable for cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)