IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.130 of 2011 JUGESHWAR RAI @ JANESHWAR RAI @ PANDIT JI @ YOGESHWAR RAI Versus THE STATE OF BIHAR ----------- 3 28.03.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 13-07-2010 in connection with Phulwari (Janipur) P.S. Case No.474 of 2007 registered under Sections 302, 201/34 of the I.P.C. and 27 of the Arms Act. Although, petitioner is named in the FIR with direct allegation that he along with one co-accused Madan Rai opened fire on deceased by their rifle and pistol respectively, as a result of which deceased having sustained fire arm injury died and, thereafter, his dead body was thrown in river Punpun. The contention of learned counsel for the petitioner is that one Mulla Rai, who happens to be brother of petitioner, lodged Phulwari (Janipur) P.S. Case No.246 of 2006 against prosecution party, and that is why the petitioner has been made accused in this case. It is also pointed out by him that having similar allegation co- accused Madan Rai has already been granted privilege of bail by another bench of this Court vide order dated 20- 05-2009 passed in Cr. Misc. No.2022 of 2009. It is also contended by him that in course of investigation the 2 statement of some witnesses were recorded under Section 164 of the Cr.P.C. but they have not named the petitioner in their depositions. Learned Additional Public Prosecutor submits that in course of investigation, several witnesses have claimed to have seen the petitioner committing the mother of the deceased and after that dragging the dead body of the deceased. Taking into consideration the above stated submissions as well as facts and circumstances of the case, particularly, this aspect of the matter that having similar allegation co-accused Madan Rai has already been granted privilege of bail by another bench of this Court , let the petitioner, namely, Jugeshwar Rai @ Janeshwar Rai @ Pandit Ji @ Yogeshwar Rai 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 IXth Addl. Sessions Judge, Patna in Sessions Trial No.1210 of 2010 arising out of Phulwari (Janipur) P.S. Case No.474 of 2007. PN (Hemant Kumar Srivastava, J.)