IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27205 of 2010 DIPAK CHOUDHARY @ NUNI SON OF PRADIP CHOUDHARY, RESIDENT OF VILLAGE GHOGHA BAZAR, P.S. KAHALGAON, DISTRICT- BHAGALPUR Versus THE STATE OF BIHAR ----------- 3 18.08.2010 Heard learned counsels for the petitioner and the State. The offence alleged is under sections 302 read with section 34 of the Indian Penal Code. The prayer for bail on behalf of the petitioner was earlier rejected as per the order dated 27.10.2009 as contained in Annexure-3 whereby the prayer for bail on behalf of all the petitioners including the present petitioner was rejected with observation that if the trial is no concluded within a period of eight month the petitioner will be at liberty to renew their prayer for bail. It is stated and submitted that the trial has not concluded till date. It is further submitted that other co- accused have been allowed bail as per the order as contained in Annexure-2 as also other accused persons have been allowed bail as stated in paragraph 2 of the supplementary affidavit. It is further contended that there is no eye witness to the alleged occurrence. It is also contended that the petitioner is in custody since 31.10.2008 and has no criminal antecedent. Petitioner further undertakes to appear on each and every date fixed in the case except with the permission of the Court. Learned Addl. P.P. appearing for the State opposes the prayer for bail. Considering the facts and circumstances of the case, it is directed that let the petitioner, above named, 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 Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S. Case No. 592 of 2008 with condition that one of the bailors must be the mother of the petitioner. Manish/- (Shailesh Kumar Sinha,J.)