IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36527 of 2009 SURENDRA BIND s/o Late Lakhan Bind r/o Dhankaul, P. S. Ariyari, District- Sheikhpura…. Petitioner. Versus STATE OF BIHAR . ----------- 2. 30.10.2009. Heard counsel for the petitioner and counsel for the State. Counsel for the petitioner at the outset has submitted that as a matter of fact the anticipatory bail application filed by the petitioner in this very case had been allowed by this Court due to ignorance of the counsel pressing such application and the petitioner infact during the pendency of his application for anticipatory bail before this Court had already been arrested. Considering the aforementioned fact as also taking into account that the occurrence in question leading to offence under Section 302 IPC was initially said to have been committed by seven named persons in the FIR and the name of the petitioner merely as a member of unlawful assembly allegedly taking away the life of the informant’s brother has transpired after more than five months in the supplementary case-diary in the statement of three witnesses, this court keeping in view that the petitioner has 2 got no criminal antecedent would direct for release of the petitioner on bail specially when co-accused named in the FIR such as Dinesh Yadav has already been directed to be released on bail by order of this Court dated 8.6.2009 in Cr. Misc. No. 19531 of 2009 and even other co-accused not named in the FIR such as Rambriksh Bind has also been directed to be released on bail by orders of this Court dated 7.8.2009 as mentioned in computerised sheet placed by the Office of this Court with the bail application. That being so, the petitioner namely Surendra Bind is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Ariyari P. S. Case No. 150 of 2008 with a condition that one of the bailors must be either of the parents or the wife of the petitioner. kanchan (Mihir Kumar Jha, J.)