IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2723 of 2010 Krishna Kumar Gupta, S/o Late Sri Punit Sao @ Punit Prasad, R/o Bihari Sao Lane, P.S.-Parbahore, District- Patna. ………… Petitioner Versus THE STATE OF BIHAR ----------- 7. 11.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner is an accused for offence punishable under sections 302/34 and 120(B) of the Penal Code. 3. Learned counsel for the petitioner submits that there is no allegation against petitioner in the F.I.R. and he has been falsely implicated only on suspicion. Learned counsel for the petitioner further submits that there was a property dispute between the step brothers, one of whom was the deceased whereas the other namely Ashok Kumar Gupta had not been made accused. It is also stated that petitioner is merely a cousin. It is also stated that property has been disposed of and the sale proceeds has been divided between informant and other step brothers. Learned counsel for the petitioner further submits that the case is based on circumstantial evidence only as a couple of witnesses have deposed that they have seen the accused persons including petitioner at the shop, but learned counsel for the petitioner submits that the shop was closed as the date of occurrence was Sunday. Learned counsel for the petitioner further states that merely on the basis of such frivolous statement petitioner is incarcerating in jail since 12.08.2004, although he - 2 - has got no criminal antecedent. 4. Considering the aforesaid facts & circumstances of the case, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Patna in connection with S.T. No. 702 of 2005 arising out of Pirbahore P.s.Case No. 230 of 2004. Sujit (S.N. Hussain, J.)