IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31872 of 2008 SANJAY YADAV, son of Sri Laxman Yadav, resident of village- Mohanpur, P.S. Pirpainty, District- Bhagalpur ….Petitioner Versus THE STATE OF BIHAR ….Opp.Party ----------- 5. 20/10/2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 302/34 of the Indian Penal Code. As per F.I.R., informant and his father were sleeping in the field keeping guard on the harvested wheat crop. On some noise, informant woke up and saw four persons armed with fire arm. He woke up his father and fled away from the place. At some distance, he heard the sound of shots. In the morning when he returned to the field along with villagers, he saw his father dead on account of fire arm injury. Therefore, he suspected that those four accused persons had murdered his father. It is submitted that there is enmity between Yadav group and Mandal group of the village, on account of which petitioner and others have been falsely implicated in the case. It is pointed out by learned counsel for the petitioner that out of four named accused, Mahesh Yadav has been allowed bail by this Court - 2 - vide order dated 15.5.2007 passed in Cr.Misc.No.14686 of 2007. Petitioner is in custody since 26.6.2008 and it is said that petitioner has no criminal antecedents. Considering the fact that in identical circumstances, one accused has been granted bail by this Court, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Manihari P.S.Case No.47 of 2005. Pradeep/ (J. N. Singh, J.)