IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52187 of 2008 HARENDRA RAI son of Shree Ram Shringar Rai, resident of village- Aswani Banjariya, P.S.-Kathaiya, Dist.-Muzaffarpur. Versus STATE OF BIHAR ----------- 4. 9.4.2009. Heard learned counsel for the petitioner and the State. First information report has been registered against six unknown persons under sections 302 and 379/34 of the Indian Penal Code. Earlier the prayer for bail of the petitioner was rejected by this Court on 19.5.2008 Vide Cr.Misc.No. 1696 of 2008. A report was called for by this court vide order dated 4.2.2009 as to whether mother of the deceased has been examined or not. The report has been received from which it appears that the mother of the deceased has not been examined. Submission is that the deceased had opportunity to narrate about the assailant before death but he has not named any body. The mother of the deceased at a belated stage has been examined under section 161 of the Cr.P.C. and she has stated that the deceased prior to his death had named the petitioner and others as assailants. Had the deceased named any one, then his name must have been figured in the first information report. There appears no reason as to why name of the accused persons were not mentioned in the first information report when the deceased had told her mother about the assailants Learned counsel for the informant has vehemently opposed the prayer for bail. - 2 - Considering the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 9th Additional Sessions Judge, Muzaffarpur in connection with in Sessions Trial No.5 of 2008 arising out of Motipur P.S.Case No. 159 of 2007. Md.S. (Shyam Kishore Sharma,J.)