IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33049 of 2009 SUBODH YADAV @ SUBODH KUMAR son of Jageshwar Yadav resident of vill.-Boaiya Bigha, P.S.-Atari, Distt.-Gaya -----------Petitioner. Versus STATE OF BIHAR ------------- 4. 30.3.2010 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that he has not been named in the F.I.R. Some of the witnesses have raised suspicion and one of them names this petitioner but after seven months of the incident that also under section 164 of the Code of Criminal Procedure while he is deceased sister’s son examined in course of investigation in para-9 showing his innocence about assailant basing that or witnesses raising suspicion refusal of petitioner’s anticipatory bail cannot be justified. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner shall be 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 Chief Judicial Magistrate, Gaya, in connection with Atari P.S. case no.72 of 2005 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )