IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9432 of 2009 ---- Sukesh Kumar son of Late Nanhku Kumar, Resident of village-Marwa, Police Station-Bihpur in the district of Bhagalpur. -- Petitioner. Versus The State of Bihar -- Opposite Party. ---- 02. 08.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under Sections 302 and 34 of the Indian Penal Code as well as Section 27 of the Arms Act. Learned counsel for the petitioner submits that although petitioner was named in the F.I.R., but he was neither arrested on the spot, nor any incriminating article has been recovered from his possession. He further states that even according to the prosecution case no specific overtact has been alleged against the petitioner and the allegation of firing is against another co-accused person. He also avers that he was arrested from his house on the same day and is in custody since 12.01.2009 although he has got no criminal antecedents. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioner, namely Sukesh Kumar, be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of - 2 - learned Additional Chief Judicial Magistrate, Naugachia, in connection with Bihpur (Jhandapur) P.S.Case No.12 of 2009. Sunil (S. N. Hussain, J.)