IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34519 of 2011 1. Sunil Kumar Verma S/O Rajendra Prasad Verma R/O Vill.-Dhanwah, P.S.-Chanan, Lakhisarai ---Petitioner Versus The State Of Bihar ---- opp. party ---------------------------------- 02 25.10.2011 Heard learned counsels for the petitioner and the State. Petitioner seeks bail in a case instituted under Section 364A of the Penal Code. As per prosecution case, the informant along with the victim and one Asarfi Yadav started off on a motorcycle for his home after closing the shop. It is the prosecution case that on way Asarfi Yadav boarded off the motorcycle. The petitioner along with the victim were on the motorcycle when it was intercepted by a group consisting of more than 05 accused persons. It is the prosecution case that the informant was speared whereas Ratnesh Kumar was captivated and taken towards the ‘jungle’. Informant has alleged that he could not identify the accused. However, from the attire and the voice, he could gather that petitioner was one of them. Few days after the occurrence, the victim returned back and made statement under 164 of the Cr.P.C. in which he has not assigned any role to the petitioner. Learned counsel submits that petitioner, victim and the informant are cousin brothers. There is some enmity between him and the informant on account of land dispute. It is also contended with reference to averments made in para 13 that during investigation this 2 fact has revealed. It is submitted that petitioner is in custody since 06.09.2011. Learned APP, on going through the bail application and the impugned order, contends that the occurrence has been found to have taken place as witnesses have supported the commission of offence. On going through the impugned order, it appears that the witnesses have supported the prosecution case but there is nothing appearing therefrom that the petitioner had any role. It further appears from the statement of the victim that the petitioner has been not named by him as an accused having participated in the occurrence. In the facts and circumstances of the case, this Court is persuaded to extend the privilege of bail to the petitioner. Let petitioner, named above, be released 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 learned Chief Judicial Magistrate, Lakhisarai in connection with Chanan P.S. case no. 38 of 2011. It is made clear that one of the bailors shall be the own/close family member of the petitioner. Sym ( Kishore K. Mandal, J.)