IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39363 of 2008 BHOLA KUMAR @ BHOLA YADAV Versus STATE OF BIHAR ----------- 3. 8.12.2008 Heard Mr. Suraj Narain Yadav, learned counsel for the petitioner, Mr. Dashrath Mehta, learned A.P.P. and Mr. Awadhesh Kumar, learned counsel for the informant. The case was initially registered under section 307 of the Indian Penal Code but subsequently section 302 of the Penal Code was added on account of death of the deceased. On completion of the investigation the police appears coming to a conclusion that it may be a case of commission of suicide and, as such, chargesheet was submitted under section 306 of the Indian Penal Code. It is not disputed that cognizance of the offence under section 306 of the Indian Penal Code was taken by the Magistrate. Some other undisputed fact is that some accused have been admitted to anticipatory bail by the court below in the case of Chunni Devi whereas other, namely, Nisha has been admitted to anticipatory bail by the order of this Court in another Miscellaneous petition no.45326 of 2007. The petitioner had preferred anticipatory bail vide Miscellaneous petition no.45999 of 2007 and that was dismissed because the Bench which was hearing the petition, was not inclined to admit the petitioner to anticipatory bail though it could be a case under section 306 of the Indian Penal Code. The petitioner is in custody. Under the above circumstances, let petitioner named above be - 2 - 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., Patna, in connection with Kankarbagh P.S. case no.65 of 2007. sudip ( Dharnidhar Jha,J )