IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.29102 of 2008 SUKHARI YADAV Son of Late Chati Yadav, resident of village Bagha, Tetariayn, P.S. – Ara Mufassil, District - Bhojpur Versus THE STATE OF BIHAR ----------- 2 30.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 302 and other Sections of the Indian Penal Code and 27 of the Arms Act. The petitioner is not named in the FIR. It is submitted that the name of the petitioner transpired during investigation. It is stated that there is no specific allegation against the petitioner and the witnesses have stated about the complicity of the petitioner after much delay. It has only been stated that the petitioner was also amongst one of the culprits, which transpires from the order of the learned Sessions Judge. It appears that the bail application was rejected by the learned Sessions Judge on the ground that he had remained in custody only for three months, where as co-accused Lal Bihari Yadav had remained in custody for about six months, who was granted bail by the Court. Learned counsel for the petitioner further submits that two other accused, namely, Nirmal Yadav and Harihar Yadav were granted bail by this Court vide order dated 10.08.2004 passed in Cr. Misc. No. 13256 of 2004. It is submitted that the case of the petitioners is also similarly situated and now he has completed almost six months in custody. - 2 - Considering the overall aspect of the matter, the application is allowed and the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate at Ara in connection with Bihiya P.S. Case No. 44 of 1998 Kundan (J. N. Singh, J.)