IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2063 of 2008 BATORAN RAM Versus STATE OF BIHAR ----------- 3 06-05-2008 Heard learned counsel for the petitioner and also learned APP on behalf of the State. The petitioner is an accused in a case u/ss 364, 302, 120B of the Indian Penal Code. The allegation is that nine accused persons including the petitioner came armed and asked the informant’s four sons to meet Jeevan Sardar and took them away also. On the next date dead bodies of two sons of the informant were found by the villagers. Learned counsel submitted that the police after concluding investigation submitted charge sheet showing the petitioner as absconder. He submitted that out of nine FIR named accused persons six faced the trial and were acquitted by judgement dated 27.1.07 by the Additional Session Judge, Fast Track Court I, Lakhisarai in Sessions case no. 426/05. He submitted that Government Appeal against the said acquittal has been dismissed by this court. Learned counsel further submitted that evidence collected in the said Sessions case of course cannot be used against the petitioner but the case of the petitioner is also similarly situated and therefore the privilege of bail may be extended to him. It appears that petitioner is in custody since 27.8.07. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail - 2 - bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Lakhisarai in Surajgarha (Kajra) PS case no.203/04. Both the bailors shall file affidavit in support of their means and fitness and one of the bailor shall be either father or close relative of the petitioner. BKS/ (M. Saran, J.)