IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35754 of 2011 Kundan Kumar @ Kundan Kumar Srivastava, son of Late Shatrughan Prasad, resident of Village- Vishunpur Shriram, P.S. Sakra, District- Muzaffarpur. ……………………………………………..Petitioner. Versus The State of Bihar……………………………………..Opposite Party. ----------- 2. 24. 10. 2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is languishing in jail for offence under Sections 302 and 201/34 of the Indian Penal Code. The prosecution case is that deceased was called on mobile and he proceeded outside the house, but he did not return in the night and in the next morning his dead body was found. The police after investigation submitted charge sheet against Kundan Kumar Srivastava, Sanjeev Kumar Mahto and Sonu Kumar Srivastava. The learned Sessions Judge rejected the bail petition of this petitioner in view of the fact that in the case diary as well as confessional statement of Kunduan Kumar Srivastava, Sanjeev Kumar Srivastava and Sonu Kumar Srivastava, the petitioner hatched a conspiracy to kill the deceased. However, similarly situated case, one accused Sonu Kumar Srivastava, has been granted bail by this Court vide Cr. Misc. No. 22305 of 2011. The petitioner is in jail 2 custody since 22. 01. 2011. Having regard to the facts and circumstances of the case, the above named petitioner is ordered 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 learned Additional Sessions Judge, Fast Track Court no. 4, Muzaffarpur, in connection with S.T. No. 311 of 2011 arising out of Sakra P.S. Case No. 18 of 2011, subject to the condition that he will appear in the case on each and every date till framing of the charge. m.p. ( Gopal Prasad, J.)