IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23144 of 2010 BISHWAKARMA YADAV Versus STATE OF BIHAR ----------- 3 12.10.2010 Heard the learned counsel for the parties. The petitioner is languishing in custody since 2.12.2009 in a case registered under sections 302 and 201/34 of the I.P.C. It is alleged in the F.I.R. that victim went in the company of co-accused, namely, Bhola Chauhan, Sikandra Chauhan, Manoj Kumar and Bishwakarma Yadav, on two motor cycles. On 9.7.2008 in the morning a dead body was recovered in injured condition near 15 No. railway crossing. The F.I.R. was lodged by the father of the victim on 12.7.2008 naming all the three accused persons including the petitioner. It is submitted that there is no eye witness to the occurrence . The inquest report suggests that the victim died due to accidental injuries though the post mortem suggests altogether ten injuries. On 27.11.2010 the victim’s wife gave her 164 Cr.P.C. statement suggesting the motive against the petitioner and others of demanding Rs.50,000/- from the 2 victim. Learned counsel for the State submits that in 164 statement the wife has specifically made allegation against this petitioner but has not controverted that there is no eye witness to the occurrence. It is further submitted by Mr. Sakil Ahmad Khan, learned Senior Advocate, that out of the named three accused persons, Bhola Chauhan has not been sent up for trial which clouds the prosecution version. Considering the delayed lodging of the F.I.R. and circumstantial nature of the evidence against the petitioner, let the petitioner, Bishwakarma Yadav, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Patna, in G.R.P. Case No.197/08 subject to the condition that the learned court below will be at liberty to cancel the bail bond of the petitioner , if he fails to appear on two consecutive dates during trial or he gets involved in similar nature of offence. Anilkr.sinha (Dinesh Kumar Singh,J.)