IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12809 of 2009 KARA MIAN @ KHURSHID, son of Atau Rahman, Mohalla Urdu Sherghati, PS Sherghati, Dist. Gaya .. Petitioner. Versus STATE OF BIHAR ----------- 2 20.5.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is accused in a case under sections 109, 115 and 120B/34 of the Penal Code. The case is that the informant and his family members are on inimical term due to family property. One Ashish Paswan is said to have told the informant that his family members had given advance of Rs.50,000/- to Raja Mian, Ashish Paswan and this petitioner for committing the murder of the informant. Learned counsel for the petitioner submits that it is on the basis of this statement of Ashish Paswan that allegations have been made whereas Ashish Paswan has no connection either with the informant or his family members or with this petitioner and as such it cannot be said that on the basis of hear-say statement, offences are made out of abatement. The said Ashish Paswan has also not disclosed the source of information by which he came to know of the facts stated aforesaid. The court below has rejected the prayer of bail on the ground that the petitioner has a criminal antecedent. In this case, however, apart from the statement of Ashish Paswan, there is no material to suggest that in fact payment was made for killing the 2 informant and the case was instituted by the informant solely to demoralize the family. Be that as it may, petitioner is directed to be released on bail in connection with Sherghati P.S. Case No. 172/2006 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Sherghati, Gaya. haque (Sheema Ali Khan, J.)