IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10774 of 2009 RAFIQUE DEWAN, SON OF LATE CHAND DEWAN, RESIDENT OF VILLAGE KATEYA BAZAR, P.S. KATEYA, DISTRICT GOPALGANJ Versus STATE OF BIHAR ----------- 3. 09.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 307 and other sections of the Indian Penal Code. As per the first information report, petitioner and two others entered the house of the informant in the dead of night and assaulted him on his head by Dab. It is stated that the informant was outsider and he came from U.P. to work with one Badruddin with whom he was sleeping outside the room. It is stated that the informant was outsider and therefore, it was not possible for him to identify the accused persons in the night by name and by face. It is also stated that the petitioner is in litigating terms with Badruddin who was also sleeping by the side of informant and it is only on his behest, the informant named this petitioner as his assailant. In support of this submission, learned counsel for the petitioner has referred to the conclusion of the supervisory officer as contained in the - 2 - supervision note annexed as Annexure-3 which gives credence to the submission of the learned counsel for the petitioner. Considering the conclusion of the supervisory officer in the supervision note, the application is allowed. Petitioner (Rafique Dewan) is directed to be released 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 the Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No.184/08. B.T (J.N. Singh, J.)