IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15175 of 2011 Vijay Kumar Mishra, son of Umesh Prasad Mishra, resident of village- Pator, P.S.-Ashok Paper Mill, District-Darbhanga. Petitioner. Versus The State of Bihar Opposite Party. ----------- 4. 01.08.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report along with several co-accused persons and it is stated that in the intervening night of 22/23-01-2011, petitioner along with several other accused persons came at the house of the informant and not only committed dacoity but also killed the informant’s wife and in that course informant as well as his sons sustained injury. Admittedly, there is long standing enmity between the parties on account of land dispute and prior to the alleged occurrence, the petitioner had filed allegation petition against the informant before the Hon’ble the Chief Justice of Patna High Court as well as Registrar General of the Patna High Court. It is further an admitted position that there is a case and counter case between the parties and the petitioner is resident of District- Darbhanga whereas the alleged occurrence took place at District Patna. In course of investigation, not a single person of the concerned locality came forward to state about the alleged case of dacoity and the supervising authority, after completing the 2 Kamlesh (Hemant Kumar Srivastava, J.) investigation, found that it is not a case of dacoity but submitted charge sheet against the petitioner for the offence under Section 302 of I.P.C. Even if it assumed that it a case of Section 302 of the I.P.C., then also, no specific allegation of committing murder of the wife of the informant has been levelled against the petitioner and informant has himself stated in his written report that when he went in the room, he found his wife dead. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case no. 26/2011 (G.R. no. 395/2011).