IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29771 of 2008 Heera Yadav son of late Satan Yadav, resident of Village- Gambhirpur, Police Station- Bairia, District-West Champaran. ------Petitioner. -Versus- The State of Bihar……………………………….Opposite Party. ----------- 5. 21.01.2009. Heard the counsel for the petitioner and the State. The offence is alleged under Sections 364, 120B/34 and 302 of the Indian Penal Code. The petitioner is named as accused in the First Information Report. The informant claims to have identified accused persons who took away the deceased Gayasuddin and subsequently his dead body was found. Counsel for the petitioner submits that the petitioner’s name has falsely been implicated in this case at the instance of Fulena Bind who is the brother-in-law of the deceased. Fulena Bind is an accused in murder case of the petitioner’s father. The petitioner is only eye witness of the occurrence. It has also been submitted that similarly situated co-accused persons have already been granted bail by this court in Cr. Misc. No.20336 of 2008 and Cr. Misc. No. 25007 of 2008. The petitioner is in custody since 9.1.2008. Considering these facts, the prayer for bail of the petitioner is allowed. The petitioner Heera Yadav is directed to be released on bail on furnishing bail bonds of Rs.10,000/-((Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief - 2 - Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 03 of 2008 on this condition that the petitioner will regularly participate in trial and in case of his absent without information of the court, his bail bond shall be cancelled. U.K. (Mridula Mishra, J)