IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46257 of 2008 JITENDRA PRASAD SON OF RAM PRAVESH PRASAD RESIDENT OF VILLAGE KURWA,P.S.KHIJARSARAI,DISTRICT GAYA Versus STATE OF BIHAR ----------- 3/ 19.2.2009 Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered for offences under Sections 302 of the Indian Penal Code against unknown. According to prosecution case, the informant’s husband Dev Nandan Prasad came to her village in injured condition in the mid-night and told that he has been assaulted by two thieves. The injured was brought to Magadh Medical College, Gaya for treatment but he died. Submission is that the petitioner was known to the injured from before but he has not been named by the injured. No person has seen the occurrence and implication of the petitioner is fabricated one as there is no evidence on record. Similarly situated co- accused Ram Peyare Prasad and Surendra Prasad have been granted bail by a Bench of this court on 24608 of 2008 on 27.8.2008. Considering the facts and circumstances of the case, let the above named petitioner 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 Chief Judicial Magistrate, Gaya in Magadh University P.S.Case No. 23 of 2007. Tahir/- ( Shyam Kishore Sharma, J. )