IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56674 of 2007 VINAY MALI Versus THE STATE OF BIHAR ----------- 03/ 07-05-2008 Heard. The petitioner is an accused in a case under Section 302 read with 34 of the Indian Penal Code. The petitioner is sarhu of deceased Narendra Kumar. It is said that the wife of the deceased was maintaining illicit relationship with Vinay Mali which was not liked by the deceased and, therefore, the accused persons assaulted and administered poison to him. Learned counsel submitted that the petitioner is in custody since 17.9.2007. All the allegations are general in nature. She submitted that there is no eyewitness of the alleged occurrence. She further submitted that the police without obtaining viscera report has submitted charge sheet. She pointed out that there is no evidence in the case diary to show that the poison was administered to the deceased by the accused persons. In the facts and circumstances of the case, the petitioner, namely, Vinay Mali 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 Chief Judicial Magistrate, Buxar in connection with Simri P.S. Case No. 4 of 2007. S.Sb/- (Madhavendra Saran, J.) - 2 -