IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40793 of 2008 AWADHESH KUMAR, son of Ramchandra Bhagat, resident of Village Jausi, Bangra, P.S. Kurhani, District Muzaffarpur ------Petitioner Versus STATE OF BIHAR ----------- 3. 31.3.2009 Heard the learned counsel for the petitioner and the State. The offence alleged against the petitioner, who is apprehending his arrest in connection with Maniyari P.S. Case No.44/07, is under sections 328 and 302/34 of the Penal Code. It is submitted on behalf of the petitioner that the only allegation against this petitioner is that he along with co- accused Anwar Ahmad brought the deceased in semi consciousness to his house, save and except there is no allegation against him. It is further submitted that during investigation materials has come against co-accused Anwar and not against this petitioner. The learned APP on perusal of the case diary is not in a position to refute the above submissions of the petitioner. Considering the facts and circumstances of the case, let the petitioner 2 above named, in the event of his arrest or surrender in connection with Maniyari P.S. Case No.44/07 (Tr. No.3566/08) within a period of four weeks from today, be enlarged 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 Judicial Magistrate, 1st Class, Muzaffarpur, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)