IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13279 of 2011 Yogendra Mistry Versus The State Of Bihar ----------- 03/ 23.12.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 13.10.2010 in a case registered under section 302/34 of the IPC. Allegation against the petitioner is that he along with two FIR named accused persons, namely, Prakash Mistry and Pradeep Mistry took the deceased and when the deceased did not return to his home, in the next morning informant made hectic search and came to know that her husband was lying in injured condition. She, with the help of other villagers, brought her husband at her home where deceased disclosed the names of assailants including the petitioner and above stated two co-accused persons in presence of the informant as well as villagers. Learned counsel for the petitioner submits that none has seen the actual killing of the deceased and except so-called dying declaration of the deceased, there is nothing against the petitioner. It is also pointed out by him that at para 57 of the case diary, informant stated before the Investigating officer that she had given names of Prakash Mistry and Pradeep Mistry mistakenly and the aforesaid two persons had not participated in the alleged crime. The aforesaid re-statement of the informant creates doubt about so-called dying declaration of the deceased. - 2 - Accordingly, petitioner, Yogendra Mistry, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sherghatty (Gaya) in Barachatti P.S. Case no. 31/2008. The observations given in this order shall not affect the merit of the case shahid (Hemant Kumar Srivastava,J)