IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20746 of 2010 VICKKY KUMAR THATHERA, Son of Dinesh Prasad Thathera, resident of Village- Chandi, P.S. Chandi, District-Nalanda, at present Mohalla Gaighat, Nayagaon, P.S. Alamganj, District-Patna...Petitioner. Versus THE STATE OF BIHAR...........................................Opposite Party. ----------- 2. 23.06.2010. Heard learned counsel for the petitioner and the State. It is submitted by the learned counsel for the petitioner that the petitioner is languishing in jail since 09.03.2010 in a case registered under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. In the F. I. R., the informant being the father of the victim has levelled motive of enmity between victim and informant’s elder son, Hari Prasad but from perusal of the F.I.R. it does not appear that the informant was present at the place of occurrence. It is submitted by the learned counsel for the petitioner that Hari Prasad and Sunaina Devi, the F.I.R. named accused persons, have already been granted bail. The computer report also reflects as such. During the investigation, as it appears from the impugned order, that the witnesses 2 have deposed to the effect that the actual assailant was Jitendra Kumar. Though the petitioner was also identified and he alleged to have confessed before the police. It is submitted on behalf of the learned counsel for the State, Mr. Uma Shankar Prasad that the name of the petitioner has sprang up during investigation and he has been identified as roaming around the place of occurrence. Considering the fact that there is no direct evidence against the petitioner and the persons against whom there is specific allegation in the F.I.R. have been granted bail, let the petitioner, Vickky Kumar Thathera, 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 C.J.M., Nalanda at Biharshariff in connection with Rahui( Wena)P.S. Case No. 209 of 2009. U.K. (Dinesh Kumar Singh,J)