IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26197 of 2010 BIRENDRA KUMAR @ BIRENDRA THAKUR son of Ram Briksh Thakur resident of vill.-Jalalpur, P.S. Karai Distt.-Nalanda---------------- --------------------------------------------------------------------Petitioner. Versus STATE OF BIHAR . ----------- 2. 20.8.2010 Heard Learned counsel for the petitioner and the State. Co-accused Lallu Mistri and this petitioner both have been shown assailants of the deceased but during investigation allegation against the petitioner was not found correct. Accordingly, while chargesheet was submitted he was not sent up for trial. Now the same witnesses have been examined from the prosecution side and summons is issued under section 319 of the Code of Criminal Procedure. According to the learned counsel, material is there in the case diary that petitioner’s implication was false and basing inimical witnesses summons is issued. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, above named petitioner shall 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 Second Addl. Sessions Judge, Hilsa(Nalanda), in connection with Sessions Trial no.571 of 2006 arising out of Hilsa P.S. case no.158 of 2001 ,subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh,J )