IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35939 of 2009 VIVEK KUMAR @ CHANDRA BHUSHAN KUMAR SON OF LATE HARI NARAYAN CHAUDHARY, RESIDENT OF VILLAGE- RAHUA, P.S. BIHRA, DISTRICT- SAHARSA. Versus THE STATE OF BIHAR . ----------- 2 07.11.2009 Heard learned counsels for petitioner and the State. The offence alleged is under sections 302/201 of the Indian Penal Code. It is submitted on behalf of the petitioner that although the petitioner has been named in the first information report, however during investigation none of the witnesses has stated to the effect that anyone has seen the occurrence. It is further submitted that the petitioner is a Government servant and working as Constable and whatever the witnesses have said, are all on hearsay. However, as per the allegations large number of persons were there, but no one has come forward to state before the police that they have seen the petitioner assaulting and not even the rickshaw puller on which the deceased was allegedly sent by the petitioner has been examined. Petitioner is in custody since 18.06.2009. Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. Considering the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Bihra P.S. Case No. 75 of 2009. Manish/- ( Shailesh Kumar Sinha,J.)