IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40553 of 2009 JALESHWAR GIRI son of Late Manegar Giri resident of village Bhuliya, P.s.Bhaptiyahi, Distt-Supaul. Versus STATE OF BIHAR ----------- 2. 19.11.2009. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is an accused in Bhaptiyahi P.S. Case No.10 of 2009 for the offence punishable under Section 302, 34 and 120B of the Indian Penal Code. Substance of allegation against the petitioners is that accused Amar Giri came to the house of the informant and on pretext of ailment of his sister, he took the husband of the informant for the treatment. Subsequently, one Raj Kumar Giri came and informed the informant that the accused persons named in the F.I.R. had tied the hands of the informant. It is thereafter alleged that when the informant went to the place of occurrence, she found the dead body of her husband and claims to have seen the named accused persons running from the place of occurrence. Learned counsel for the petitioner submits that there is no eye witness to the 2 occurrence and nothing has been attributed to the present petitioner. He submits that he has not been named in the first information report and that this name has transpired during course of investigation. He further submits that in similar circumstances, some of the accused persons have been granted bail by this Court vide order passed on 13.10.2009 in Cr.Misc.No.28958 of 2009, Cr.Misc.No.31426 of 2009 and Cr.Misc.No.27012 of 2009 a copy of which is placed at Annexure-2. He submits that the case of this petitioner is on same and similar footing. Considering the facts and circumstances of the case, let petitioner Jaleshwar Giri be released on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P.S.Case No.10 of 2009. ahk (Jyoti Saran,J.)