IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13491 of 2009 GUDDU @ VIKRAM KUMAR, son of Gajendra Prasad of Rajendra Nagar, P.S.-Chhatauni, District-East Champaran-----------Petitioner. Versus THE STATE OF BIHAR ----------- 2. 24.4.2009 Heard learned counsel for the petitioner and the State. According to the learned counsel for the petitioner, if allegation leveled against the co-accused is accepted then also there could be no justification of their arrest and really they have been allowed bail by different Benches of this Court vide Cr. Misc. no.35907 of 2008 and Cr. Misc. no.35578 of 2008 but only offence appears in this case against the petitioner is about his going to deceased’s house one day earlier to the incident and even then he is apprehending his arrest. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in Chhatauni P.S. case no.46 of 2008, the above named petitioner shall be 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 the C.J.M., Motihari, East Champaran , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. However, at the time of framing of charge the trial court shall consider the bail so granted to the petitioner on the basis of the evidence collected by the investigating officer. Sudip ( Mandhata Singh, J )