IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30809 of 2008 KISHAN GOENKA, son of Shri Ram Goenka, Resident of Mohalla- Bank Road, P.S. Muzaffarpur Town, District Muzaffarpur and at present Resident of MIG 170, Sec-D-1 L.D.A. Colony Kanpur Road Kuchnow (U.P.) ……. Petitioner Versus STATE OF BIHAR …. Opposite party For the Petitioners :Mr. Naresh Chandra Verma, Advocate For the State :Mr. Dashrath Mehta, A.P.P. ----------- 03/ 29.9.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 384/120B of the Indian Penal Code, which was registered at the instance of the jail warder against Sanat Kumar and Nikky Goenka, who is son of the petitioner. It is submitted on behalf of the petitioner that after Nikky Goenka was killed, the police submitted charge sheet against the petitioner implicating him in this case. Besides the present case, he is not accused in any other case, which fact has been stated in paragraph 10 of this application, which should be accepted by the court below, subject to further verification, but in the meantime, petitioner abovenamed be released on provisional bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Mithanpura P.S. Case No. 92 of 2002. The provisional bail should be 2 confirmed if after verification, aforesaid fact is found to be correct. One of the bailors of the petitioner should the person, who has sworn the affidavit. Arjun/ (V.N. Sinha, J.)