IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4972 of 2009 JIMDAR MUKHIYA, son of Late Ram Briksha Mukhiya, Resident of Village- Barharwa Siwan, P.S.- Dhaka, District- East Champaran.----- Petitioner Versus STATE OF BIHAR----- Opposite Party ----------- 3 4.3.2009 Petitioner’s bail application under Sections 302, 201/34 of the Indian Penal Code was earlier rejected on 8.7.2008. Petitioner has been made accused on the basis of suspicion on the ground that it was said that the accused persons in this case were seen taking the boy towards the pond. It has been said that there is enmity between the parties and as such the petitioner has been named in the First Information Report. Learned counsel for the petitioner submits that the allegation that two persons were seen taking the boy away is an after thought as the boy was sleeping with his grand father at the toddy shop and it would not have been possible for the boy to be moved in the presence of his grand father. It is further submitted that the petitioner has remained in custody since 15.11.2007. Considering the period of custody, petitioner Jimdar Mukhiya is directed to be 2 released on bail in connection with Dhaka P.S. Case No. 50 of 2007 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Motihari, East Champaran. Sanjay (Sheema Ali Khan, J.)