IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18020 of 2010 ALBELA UPADHYAY, Son of Late Maldhani Upadhyay, resident of Village- Osawan, Police Station- Kachawan, District-Rohtas..Petitioner. Versus THE STATE OF BIHAR................................................Opposite Party. ----------- 03. 02.07.2010. Heard learned counsel for the petitioner, informant and the State. The petitioner is languishing in jail since 01.02.2010 in connection with a case registered under Sections 302 and 34 of the I.P.C. and Section 27 of the Arms Act. It is alleged that on the alleged date of occurrence the victim alongwith one Janardan Tiwary was coming on a Motor Cycle and when he reached near a Nahar Road, he received some gun short firing from behind on his head then the victim succumbed to injury on the spot. Subsequently, during investigation it has come that the informant Pawan Kumar Upadhaya contacted one Mangal Upadhaya, a contact killer, and got the informant killed for the purposes of grabbing the property. The petitioner’s name surfaced in the confession of Pawan Kumar Upadhaya and the said Pawan Kumar Upadhaya initially implicated Janardan Yadav and Chhote Lal 2 Yadav but subsequently retracted and involved the petitioner. Though there is no recovery from the petitioner. Though it has come during investigation that Janardan Yadav, Guddu Upadhaya and Pawan Kumar Upadhaya(the informant)jointly withdrawn the money from the account of the deceased. It has been further submitted that during investigation no direct evidence has been collected against the petitioner. However, learned counsel for the State has submitted that in paragraph nos. 162, 163, 164 and 165 of the case diary there is circumstantial evidence that the petitioner was in the company of the main assailant prior to the occurrence. Learned counsel for the informant has also submitted that there is circumstantial evidence against the petitioner. The criminal antecedent report at Flag-“A” suggests that the petitioner has no criminal antecedent. Considering the fact that there is circumstantial evidence against the petitioner, evidence of gun shot firing has come against one Mangal Upadhaya and the petitioner has no criminal history, let the 3 petitioner, Albela Upadhyay 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 learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Karakat P.S. Case No. 204 of 2009. U.K. (Dinesh Kumar Singh,J)