IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8085 of 2009 RAKESH SINGH @ RAKESH KUMAR SINGH Versus STATE OF BIHAR ----------- 3 17/08/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner seeks bail in a case which has been registered under sections 394 and 302 of the Indian Penal Code and charge sheet has been submitted under section 396 of the Indian Penal Code. According to the allegation, Atul Kumar was going along with Manoj Kumar to deposit Rs. 3,50,000/- in the bank and in the way the dacoits over powered and fired causing death of Manoj Kumar who was witness of Muzaffarpur Town P.S. Case No. 212 of 2006 registered under sections 395/412 of the Indian Penal Code. Submission is that during investigation only two witnesses have expressed suspicion whose statements were recorded in paragraph 37 and 38 of the case diary. That suspicion is only to the extent that some days prior to the occurrence the petitioner and other accused persons were seen near the place of occurrence. No body has seen the occurrence. The petitioner has not been put on test identification parade. Considering the facts and circumstances of the 2 case, the petitioner Rakesh Singh @ Rakesh Kumar is directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri T. K. Sinha, J. M. Ist Class, Muzaffarpur in Trial No. 2748 of 2008. avin (Shyam Kishore Sharma, J.)