IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39954 of 2008 FIRASAT @ SK. FIRASAT HASSAN Versus STATE OF BIHAR ----------- 03 22.12.2008 Heard. Petitioner seeks bail in a case instituted under Sections 302,328 and 406/34 of the Penal Code. A perusal of the F.I.R. which is descriptive and lodged around two months of the occurrence discloses that the main role has been played by Captain @ Noor Alam and one Shahbauddin. So far the present petitioner is concerned, it has been alleged that he took the victim to the house of his Mama where it is alleged that the victim took dinner with other accused persons. Having considered the text and texture of the F.I.R. it appears the allegation is directly against co-accused including co-accused Shahbauddin and Captain @ Noor Alam. The motive disclosed in the F.I.R. also does not hold good so far the present petitioner is concerned who is Bhagina of Captain @ Noor Alam. It is submitted that petitioner is in custody since 01.12.2006. Having regard to the aforesaid facts, this court is inclined to admit the petitioner to bail. Let the petitioner, namely, Firasat alias Sk.Firasat Hassan be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the 2 satisfaction of Sri V.Sinha, Judicial Magistrate, Ist Class, Katihar in connection with Pranpur P.S. Case No. 45/2000 corresponding to G.R. No. 1498/2000, subject to the condition that one of the bailors should be the own/close family member of the petitioner. Sym ( Kishore K. Mandal, J.