IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21236 of 2010 CHANDESHWARI RAM Versus STATE OF BIHAR ----------- 02. 30.06.2010 Petitioner is languishing in jail since 08.10.2009 in a case registered under Section 304 of the I.P.C. It is submitted by learned counsel for the petitioner that petitioner is not named in the F.I.R. but subsequently it has come that the petitioner along with others were seen fleeing away from the place of occurrence and similarly situated accused person Md. Sahabuddin has been granted bail vide Cr. Misc. No. 1740 of 2010. Learned counsel for the State however submits that petitioner has been seen fleeing away from the place of occurrence, moreover the informant has specifically named the petitioner in whose company the victim left the house which has been controverted by the learned counsel for the petitioner to the effect that had the petitioner been last seen in the company of victim by the informant then the informant would have named the petitioner in the F.I.R. itself. Considering the fact that there is only circumstantial evidence against the petitioner and 2 similarly situated accused persons have been granted bail, let the petitioner namely Chandeshwari Ram, 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 Chief Judicial Magistrate, Saharsa in connection with Bakhtiarpur P.S. Case No. 264 of 2009. Shageer ( Dinesh Kumar Singh, J.)