IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55804 of 2007 ISHAK MOIEN @ SANKIA Versus STATE OF BIHAR ----------- 3 6.5.2008 Heard learned counsel for the parties. The petitioner is an accused in a case under sections 302/34 of the Penal Code. The prosecution case is that Narain Sahni was returned from his Jalkar at about 7 P.M. when he was shot at by three unknown criminals. The statement of Narain Sahni was recorded and he has not named anyone in the F.I.R. In the further statement, names have been disclosed. After about four months of the occurrence, one Dipu Sahni names the petitioner as the person who has shot Narain Sahni. The reason for disclosing the name at the belated stage is that Kaila is a notorious criminal and this petitioner happens to be an associate of Kaila. Learned counsel for the petitioner submits that the statement has come at a belated stage after four months. Moreover, the petitioner has no criminal antecedent to suggest that informant or Dipu should not name him out of fear. It is finally submitted that the ;petitioner has remained in custody for about eleven months. Considering the aforesaid facts, the petitioner Ishak Moien @ Sankia is directed to be released on bail in Beldaur PS Case No.75/1998 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria withy the condition that one of the bailer should be a close family member of the petitioner. haque (Sheema Ali Khan, J.)