IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15480 of 2009 MADHESH PRASAD @ MADHESHWAR PRASAD @ MADHESHWAR YADAV Versus STATE OF BIHAR ----------- 03. 20.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under Sections 147, 148, 149, 149, 341 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that he has got no criminal antecedents and he is in custody since about two years and his earlier prayer for bail was rejected vide order of this court dated 20.05.2008 (Annexure-1). Learned counsel for the petitioner further states that there is only one eye witness, namely the informant, who had alleged that initially the petitioner shot at the deceased, whereafter Bali Yadav and others shot at him, whereas all the other witnesses have stated that it was Bali Yadav and others who had shot at the deceased. Learned counsel for the petitioner also avers that two witnesses have already deposed in the trial and none of them has named the petitioner, rather they said that it was Bali Yadav who had killed the deceased. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioner, namely Madhesh Prasad @ Madheshwar Prasad @ Madheshwar Yadav, be released on bail on furnishing bail bonds of - 2 - Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, V, Patna in connection with Sessions Trial No.1459 of 2007 arising out of Dhanarua P.S. Case No.119 of 2005. Sunil (S. N. Hussain, J.)