IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26601 of 2009 SHREE YADAV Versus STATE OF BIHAR ----------- 03/ 29.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Brahmpur P.S. Case No. 39 of 2008 for offences punishable under Sections 302/34 of the Indian Penal Code. Substance of allegation is that while the informant was sleeping, he heard his son shouting to save him and that call was coming from the house of one Bhuwar Yadav. It is stated that the informant reached the house of the said Bhuwar Yadav where he found the dead body of his son Kamal Nonia. In these circumstances, the petitioner who is brother of Bhuwar Yadav has been dragged in the present case. Learned counsel appearing on behalf of the petitioner submits that there is no eye-witness of the alleged occurrence and merely because petitioner happens to be brother of the said Bhuwar Yadav, his name has been transpired in the present case. Learned counsel further submits that similarly situated co-accused Suraj Yadav has been granted bail by this Court in Criminal Misc. No. 43726 of 2008 vide order passed on 23.12.2008. 2 It is further submitted that the petitioner is in custody since 24.4.2008. Having regard to the facts and circumstances, let petitioner, Shree Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 39 of 2008. S.Sb/- (Jyoti Saran, J.)