IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.58 of 2011 BIHARI MUSHAHAR Versus THE STATE OF BIHAR ----------- 02/ 02.02.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Udwant Nagar P.S. Case no.7/2005 registered under section 304/34 of the IPC. Petitioner is not named in the first information report and it appears from perusal of the impugned order that name of this petitioner came in this case in the confessional statement of named accused Jhalak Mushahar. Furthermore, it would appear from the record that the police after investigation submitted charge sheet under sections 304A and 379 of the IPC but subsequently, cognizance for the offence under section 304 of the IPC was taken by the learned Chief Judicial Magistrate. Considering the facts and circumstances of the case as well as submissions of the parties, petitioner Bihari Mushahar is directed to be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge III, Bhojpur at Ara in Sessions Trial no. 387/2010 arising out of Udwant Nagar P.S. Case no.7/2005. shahid (Hemant Kumar Srivastava,J)