IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51527 of 2007 MAHESHWAR SHARMA Versus STATE OF BIHAR ----------- 3 14.5.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. The petitioner is an accused for offence under Section 302, 201/34 and 120(B) of the Indian Penal Code. Counsel for the petitioner submits that the petitioner is not named in the First Information Report and that his name came subsequently on suspicion that he was also found out moving around the house of Kiran Devi. In fact it is submitted that the petitioner who is in custody since 23.2.2007 has a similar case if not better than Kiran Devi and Nago Choudhary and Sunil Chaudhary all of whom have been granted bail by this Court inasmuch as Kiran Devi and Sunil Chaudhary were not named in the First Information Report and Nago Choudhary in fact was named in the First Information Report. Counsel for the State submits that there are number of persons who have stated in the case diary that the petitioner was found moving around the house of Kiran Devi and therefore there is bonafide reason to believe that the petitioner had taken part in the occurrence. This Court upon considering the aforementioned 2 submissions is of the view that there is nothing against the petitioner to connect him directly in the occurrence and the case at best against him is based on circumstantial evidence. Added to it, when the accused named in the First Information Report namely Nago Chaudhary and others similarly situated persons like Kiran Devi and Sunil Chaudhary have already been granted bail, the petitioner, who claims to have no criminal antecedent as stated in paragraph no. 7 of the bail application, also is directed to be released on bail in connection with Beldour P.S. Case No. 69/2003 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria. It is however made clear that one of the bailers must be either wife or mother of the petitioner and in absence thereof, both of the bailers must be close family members of the petitioner. Rsh (Mihir Kumar Jha, J.)