IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7775 of 2010 JAGDISH MAHTO S/o Late Ramchandra Mahto resident of village Motirajpur P.S. Garkha Dist. Saran Petitioner Versus STATE OF BIHAR Opp. Party ----------- 04/ 25.06.2010 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 30.7.2009 in a case registered under section 302 of the Indian Penal Code. FIR has been lodged by Chaukidar on 16.4.2009 at 8 P.M. to the effect that on 14.4.2009 in the night this petitioner being own brother of the deceased assaulted with knife since there was land dispute between them. It is submitted by learned counsel for the petitioner that FIR has been lodged after about two days of the occurrence and from perusal of the FIR, it appears that the informant is not an eye witness to the occurrence and during investigation no one has deposed as eye witness to the occurrence. Learned counsel for the State submits that the petitioner is the assailant. Though no body has come forward to depose as an eyewitness since only two brothers were living in the house. Considering the delay in lodging the FIR and none supported the prosecution case as an eye witness, let the petitioner be released on bail in connection with Garkha P.S. Case no. 55 of 2009 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra. - 2 - It is made clear that trial court will expedite the matter and will try to conclude the same within one year and if the petitioner fails to appear on two consecutive dates, the learned trial court will positively cancel the bail bond of the petitioner. shahid (Dinesh Kumar Singh,J))