IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29459 of 2011 Satyendra Prasad @ Shailendra Prasad @ Shailendra Kumar Versus The State Of Bihar ----------- 3 08-11-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. The petitioner is in jail custody since 23/03/2011 in a case initially, registered under Section- 307 & other minor sections of the Indian Penal Code and subsequently, section-302 of the Indian Penal Code was also added. The petitioner is named in the first information report but no specific overt act has been attributed against him rather it is stated that he along with four FIR named accused persons assaulted the deceased with iron rod and dagger. The aforesaid written report has been given by the informant. After the death of informant, the fardbeyan of his brother was recorded at Paragraph-22 of the case diary and in the said fardbeyan, he added the name of 5 more other persons. Furthermore, one witness, Sangeeta Kumari who happens to be niece of deceased claimed herself to be an eye witness of the alleged occurrence and stated that she had seen co-accused, Ranjay Prasad and Dinesh Prasad fleeing away from the place of occurrence. It is relevant to mention here that the I.O. got information on 26-10-2010 to this effect that one injured person had been admitted in Primary Health Centre and having got the aforesaid information, he went there and on the basis of dictation of 2 informant, other person has scribed the written report. Considering the aforesaid facts and circumstances as well as submission of the parties, particularly this aspect of the matter that no specific overt act has been attributed against the petitioner, let the petitioner, namely, Satyendra Prasad @ Shailendra Prasad @ Shailendra Kumar be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dhanarua P.S. Case No. 384 of 2010 to the satisfaction of Sub-Divisional Judicial Magistrate, Masaurhi. A.K. Vishwakarma/- (Hemant Kumar Srivastava, J.)