IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37625 of 2010 BACHAN RAI Versus STATE OF BIHAR ----------- 2 25.11.2010 KHAN Heard counsel for the petitioner and the State. The petitioner is an accused in a case under sections 302 and 396 of the Penal Code. It is alleged by the informant that 8-10 unknown persons entered in his house and while committing dacoity, shot dead his brother. Learned counsel for the petitioner submits that neither the petitioner has been named in the FI.R. nor any incriminating articles have been recovered nor he was identified by any one. The petitioner is in custody since 17.8.2009. He further submits that similarly situated co-accused namely Bhalar Rai has been granted bail by a bench of this court by order dated 21.4.2010 passed in Cr.Misc.No.12260 of 2010. Considering the facts and circumstances of the case, the petitioner Bachan Rai is directed to be released on bail in connection with Dariyapur P.S. Case No.37/85 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of Shri Sunil Kumar, Judicial Magistrate, Chapra subject to the condition that he would not absent himself in the court below for two consecutive dates till three witnesses are examined in trial. (S.P.Singh,J) 2