IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14001 of 2009 BHOLA SAHNI S/O-Ram Jatan Sahni, R/O-Vill/Moh.-Gunnai Bashi, P.S.-Tajpur, Dist.-Samastipur. ……………………………………….Petitioner. Versus THE STATE OF BIHAR .………………………………..Opposite Party. ----------- 4/ 20.08.2009 Heard Shri Ashutosh Kumar, learned Counsel for the petitioner, learned Counsel for the informant and learned APP appearing on behalf of the State. The petitioner is in custody in a case which has been registered for the offences under Section 364 (A) of the Indian Penal Code in which Sections 302/201/34 of the Indian Penal Code was added. Earlier prayer for bail of the petitioner was rejected on 04.07.2008 vide Annexure-1. Submission is that the petitioner is co- villager of the informant but he has not been named whereas other co-villagers have been named in the First Information Report. One co- accused Asharfi Sahni has already been enlarged on bail on 20.03.2008 vide Cr. Misc. 2 No.- 25255 of 2007. Prayer for bail of the petitioner has been opposed by the learned Counsel appearing on behalf of the informant. A report has been called for and from the report it appears that there is no progress in the trial and the case is fixed for evidence. The report is sketchy does not mention as to whether any witness has been examined or not. Considering the fact that similarly situated accused has been granted bail, the above named 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 the learned Additonal Sessions Judge cum Fast Track Court No.-V/concerned court, Samastipur in connection with Sessions Trial No.- 343 of 2008 arising out of Tajpur P.S. Case No.- 56 of 2001. kksinha/- ( Shyam Kishore Sharma, J. )