IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41239 of 2009 VIJAY RAUT SON OF THAKUR RAUT, R/O VILLAGE- MATHIYA, P.S.- BAIKHUNTHPUR, DISTRICT- GOPALGANJ Versus STATE OF BIHAR ----------- 3 27/01/2010 Heard Mr. Ashutosh Jha learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in a case which has been registered under Section 302 and some other Sections of the Indian Penal Code against this petitioner and one Jai Prakash Das. The informant’s son Mukesh Mahto aged 28 years was seen taking liquor with Jai Prakash Das. Both had altercation. When the informant’s son did not return then it was suspected that he might have been killed by the petitioner and others because the petitioner was also seen taking toddy. Submission is that no one has seen the occurrence and whatever allegation has been levelled against, it is mainly against Jai Prakash Das who has been admitted to bail by the learned Ist Additional Sessions Judge on 19.5.2007 vide B. P. No. 351 of 2009 but the petitioner has been refused bail though the allegation against the petitioner was of lesser magnitude. The rejection order has also been passed by the same Presiding Officer who has granted bail to Jai Prakash 2 Das. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Gopalganj in connection with Baikunthpur P.S. Case No. 11 of 2009. avin (Shyam Kishore Sharma, J.)