IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21342 of 2010 JITENDRA YADAV Versus The STATE OF BIHAR ------ 2/ 13.07.2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Informant’s nephew was killed while he was sleeping at flour mill in the night. After hearing the sound of firing, informant went there and saw seven named persons fleeing from there. One of them namely Laxman Yadav was armed with pistol. In course of investigation, some more material is collected that killing was under a conspiracy hatched up at the beginning of the night as there was gathering at the house of Moinudheen Mian. Gathering for eating and drinking might not come to knowledge of other villagers but slogan after killing would have been heard by villagers also but that is lacking in the F.I.R. or statement of witnesses examined in the caste diary at the earlier stage. According to the learned counsel, in conspiracy of petitioner’s enemies now petitioner is named for hatching of conspiracy for real participation but all the seven named persons were seen by the informant just after the occurrence. They are named also and petitioner is a witness to the F.I.R. Considering the facts and circumstances of the case, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Konch P.S. Case No. 48 of 2006 above named 2 petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Gaya subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)