IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39944 of 2010 JITU KUMAR JITU KUMAR SON OF SRI RAM NARESH PRASAD, RESIDENT OF MOHALLA- NAYA BAZAR GOSHALA GOLI, LAKHISARAI,P.S.-LAKHISARAI, DISTT.LAKHISARAI Versus STATE OF BIHAR ----------- 2 21.12.2010 Heard Sri Kartik Kumar Sinha who was assisted by Sri Ravi Bhushan, learned counsel for the petitioner as well as Smt.I.Bala Pandey, Additional Public Prosecutor. The petitioner who is in custody in Lakhisarai P.S. Case No.361/10 for offence under section 302/34 of the I.P.C. has prayed for grant of bail. Learned counsel for the petitioner while pressing the bail petition submits that in the F.I.R. lodged against unkn own none has claimed to be an eye witness of the occurrence. However, during the course of investigation name of the petitioner transpired in confessional statement of co-accused and as such petitioner has been made accused. Learned counsel further submits that some of the accused persons have already been granted bail.He further submits that petitioner is having clean antecedent. Learned A.P.P. does not dispute that the petitioner has been made accused only on the basis of confessional 2 statement of co-accused. In view of the facts and circumstances, let the petitioner, Jitu Kuma, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M.,Lakhisarai, in Lakhisarai P.S. Case No.361/10. Anilkr.sinha (Rakesh kumar ,J.)