IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29997 of 2008 SIKANDAR SHARMA Versus STATE OF BIHAR ----------- 3 24.09.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused in a case registered for the offence under section 302 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is no allegation against the petitioner of making any assault, and the only allegation is that he instigated the co-accused persons by breaking the door from inside the house after entering into the room through window. It is further submitted that in course of investigation it has come that the Angan attached with the room in question has got another entry in which the door is not properly placed. Besides the above, it is submitted that witnesses have said that this petitioner had even not touched the deceased. Learned Addl. P.P. appearing for the State, on perusal of the case diary, submits that witnesses have named other accused persons with regard to assault and have not named this petitioner. He further submits that family member of the deceased have however stated that the petitioner had entered into the house, as alleged in - 2 - the first information report. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Sikandar Sharma 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, Gaya, in connection with Rampur P.S.Case No. 27 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)