IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33756 of 2009 MANOJ KUMAR @ GAINA, SON OF RAMASHARYA GOPE, RESIDENT OF DAHMA, P.S. BHADAUR, DISTRICT-PATNA. ………………………………………………………….PETITIONER. Versus THE STATE OF BIHAR……………………..OPPOSITE PARTY. ----------- For the Petitioner : Mr. Manoj Kumar Pandey, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. --------- 3. 10.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 364/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner alongwith other accused persons have been named by the informant only on the basis that her son was seen alongwith those persons who were carrying fire arms and there was sound of firing. It is further stated that from paragraph-14 of the police case diary, it appears that the victim himself was involved in four criminal cases. There had been encounter with the police also few days prior the alleged date of occurrence. Further submission is that the complaint was lodged after six 2 days of the alleged date of occurrence. Petitioner is stated to be of clean antecedent and is in custody since 17.6.2009. It is also stated that except the aforesaid statement, on the basis of hearsay, made by the informant and the father of the victim, other witnesses have not supported the claim of any panchayti. Lastly, it is submitted that three named co-accused persons have already been granted bail by the Sessions Court itself. Having regard to the facts and the circumstances of the case, the petitioner, Manoj Kumar @ Gaina, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Barh, District-Patna, in connection with Bhadaur P.S. Case No.41/01, with a further condition that one of the bailors of the petitioner must be the close relative or his family member. P.S. (Dr. Ravi Ranjan, J)