IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13078 of 2009 RAM SWARATH RAI SON OF SRI INDRASAN RAI RESIDENT OF VILLAGE MASAHA ALAM,P.S.BAIRGANIA,DISTT.SITAMARHI Versus STATE OF BIHAR With Cr.Misc. No.25101 of 2009 BIKAU MAHTO SON OF SRI CHAUTHI MAHTO RESIDENT OF VILLAGE SINDURIA,P.S.BAIRGANIA,DISTT.SITAMARHI Versus STATE OF BIHAR ----------- 4/ 10.8.2009 Both the above applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence. Earlier the prayer for bail of petitioner Ram Swarath Rai (Cr.Misc.No. 13078 of 2009) was rejected considering the fact that he was described to the assailant of the deceased. Grievance of the petitioners is that the charges have been framed in the year 2008 but not a single witness has been examined. As petitioner Ram Swarath Rai (Cr.Misc.No. 13078 of 2009) is the sole assailant of the deceased, I am not inclined to reconsider his prayer for bail. Accordingly, his prayer for bail is again rejected. So far as petitioner Bikau Mahto (Cr.Misc.No. 25101 of 2009) is concerned, it has been submitted that he is not named in the first information report and he is not the assailant of the deceased. Two named co-accused namely, Indrasan Rai and Madhurendra Rai have been granted bail by different orders of this Court. Considering the facts and circumstances of the case, let petitioner Bikau Mahto (Cr.Misc.No. 25101 of 2009) be released on bail on furnishing bail 2 bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court in Bairgania P.s.Case No. 112 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)