IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18138 of 2011 RAM BALAK YADAV, Son of Late Shyam Gope, Resident of Village – Aungari, P.S.- Aungari, District - Nalanda Versus THE STATE OF BIHAR ----------- 2 16.06.2011 Heard Sri Manoj Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody in Aungari P.S. Case No. 30 of 2008 for the offence under Sections 302/34 of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner submits that it is true that the petitioner was made F.I.R. named accused. However, during investigation nothing was collected against the petitioner, and as such, police submitted final report. However, in this case, learned Magistrate differing with the final report had taken cognizance. It was further submitted that two accused persons, i.e. the petitioner and his son Pintu Yadav were exonerated by the Police during investigation. Subsequently, Pintu Yadav was extended the privilege of anticipatory bail by this court on 26.03.2011 vide Cr. Misc. No. 5283 of 2011. In view of the facts and circumstances particularly the fact that one of the co-accused has been extended the privilege of anticipatory bail there is no reason to deny the prayer of bail to the petitioner. Let the petitioner namely, Ram Balak Yadav, be 2 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Aungari P.S. Case No. 30 of 2008. Praful (Rakesh Kumar, J.)