IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35570 of 2008 CHANDAN MALAKAR Versus STATE OF BIHAR ----------- 2/ 03.09.2008 Petitioner Chandan Malakar has been earlier denied bail with a direction to the petitioner to move the court below for bail after framing of charge and examination of the informant. Petitioner is said to be in custody since 07.01. 2006 i.e. exceeding two years and eight months. Submission has been advanced that in all six witnesses including the informant has been examined, except, informant none of the witnesses has stated against the petitioner. Even deposition of the informant could go to reveal that it was Ramanand Poddar who shot fire causing death of the informant’s father at the instance of this petitioner. Another accused one Baua Poddar, had also earlier made attempt to cause death of the informant’s father. So, taking quantum of allegation against all the three into consideration it would be revealed that case of the petitioner Chandan Malakar stands on lesser footing than that of Ramanand Poddar and Baua Poddar. Learned Additional Public Prosecutor has also been heard. Considering the aforesaid factual position and long detention, petitioner Chandan Malakar is admitted to bail and so - 2 - directed to 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 Additional Sessions Judge, Rosera, Samastipur arising out of Bibhutipur P.S. Case No. 4 of 2006. Sanjeet (Subash Chandra Jha, J.)