IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39921 of 2008 KISHUNDEO CHOUDHARY @ KISHANDEO CHOUDHARY, SON OF RAMSOGARATH CHOUDHARY, R/V HAJIPUR, P.S. BARAUNI, DISTRICT BEGUSARAI ------------------------PETITIONER. Versus STATE OF BIHAR------------------OPPOSITE PARTY. WITH Cr.Misc. No.42044 of 2008 KEDAR SINGH @ CHHOTAN SHUKLA, SON OF JHAPSU SINGH, R/V HAJIPUR, P.S. BARAUNI, DISTRICT BEGUSARAI---------------------PETITIONER. Versus STATE OF BIHAR---------------------OPPOSITE PARTY. For the Petitioner : Mr. Akhileshwar Pd. Singh, Adv. For the Opposite Party : Mr. Nityanand Tiwary, APP. ----------- 04. 22.12.2008. Heard learned counsel for the petitioner in Cr. Misc. No. 39921 of 2008. None appears for the petitioner in Cr. Misc. No.42044 of 2008. Petitioners in the two application are accused in a case which was initially registered for the offence under Section 364/34 of the Penal Code but the charge sheet has been submitted under Section 302 and other allied Sections of the Penal Code. Both the petitioners are named in the First Information Report as suspect. It is submitted on behalf of the petitioners that one Pankaj Yadav is said to have taken the deceased on his motorcycle. Later the shoes and shocks of the deceased were recovered from the river bed. From the First Information Report it does not appear that the two petitioners assisted Pankaj Yadav in taking the deceased on his motorcycle. They have been implicated as the perpetrators of crime by Pankaj Yadav in his extra judicial confession. From the slip appended with the brief it appears that the said Pankaj Yadav has been admitted to the privilege - 2 - of bail under orders dated 5.3.2008 passed in Cr. Misc. No. 1498 of 2008. Petitioner Kishundeo Choudhary @ Kishandeo Choudhary is in jail custody since 6.8.2008 and petitioner Kedar Singh @ Chhotan Shukla is in jail custody since 24.2.2007. In the circumstances, petitioner, namely, Kedar Singh @ Chhotan Shukla(in Cr. Misc. No. 42044 of 2008) is directed to be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of S.Kumar, Judicial Magistrate, Ist Class, Begusarai in connection with Barauni (Garhara)P.S. Case No. 19 of 2006. So far petitioner Kishundeo Choudhary @ Kishandeo Choudhary(in Cr. Misc. No. 39921 of 2008) is concerned, he is directed to renew his prayer for bail after completing one year in jail custody as during investigation it has transpired that his wife had illicit relationship with the deceased which was objected to by him. Rajesh/ (V.N.Sinha, J)