IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43418 of 2010 VIJAY KUMAR @ BIJAY SAO, SON OF BASO SAO Versus THE STATE OF BIHAR ----------- 02 18.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Barbigha P.S. Case No. 311 of 2002 registered under Sections 302, 201/34 of the Indian Penal Code. Although, petitioner is named in the First Information Report, but admittedly, after due investigation, Police submitted final form showing the case as mistake of fact but learned Chief Judicial Magistrate differed with the findings of the Police and took cognizance of the offence. Admittedly, the informant is not an eye-witness of the alleged occurrence and furthermore, the impugned order of learned Additional Sessions Judge, Fast Track Court-Vth also does not reflect this fact that any person has claimed to have seen the alleged occurrence. Considering the above stated facts and circumstances as well as submissions of the parties above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court-Vth, Sheikhpura in connection with Sessions Case No. 354 of 2010 arising out of above stated Barbigha P.S. Case No. 311 of 2002. Shahzad (Hemant Kumar Srivastava, J )