IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25683 of 2010 RAJA CHOUDHARY @ RAJ CHOUDHARY, S/o Raghunath Choudhary, Resident of Village – Nabtoli Chakdah, P.S.- Rajnagar, District – Madhubani -------------- Petitioner Versus STATE OF BIHAR ------------- Opposite Party ----------- 5 03.02.2011 Heard Dr. Shashi Shekhar Kishore, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Additional Public Prosecutor. The petitioner, who is in custody in connection with Deodha P.S. Case No. 42 of 2009 for offences punishable under Sections 302/34 of the Indian Penal Code since 21.02.2010, has prayed for grant of bail. In the present case, on the basis of fard-beyan of one Devnandan Bagrait, father of the deceased, a first information report was lodged against unknown. The informant made categorical statement in his fard-beyan that he was informed by one Lalit Yadav that dead body of son of the informant was lying at a particular place. It appears that, subsequently Lalit Yadav made statement before the Police that on the date of occurrence there were some quarrels between the petitioner and deceased and he had seen the petitioner alongwith one another chasing the 2 deceased. In this case, Case Diary was called for. Learned Additional Public Prosecutor submits that Lalit Yadav was examined under Section 164 of the Code of Criminal Procedure and he had named the petitioner as one of the assailant. In view of the fact that the informant in his fard-beyan himself has admitted that he had received information regarding the fact that dead body of the son of the informant was lying on information being given by witness Lalit Yadav and F.I.R. was lodged against unknown, the court is of the opinion that such fact is sufficient for extending the privilege of bail to the petitioner. Let the petitioner above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Deodha P.S. Case No. 42 of 2009. Praful (Rakesh Kumar, J.)