IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39849 of 2010 Pappu Singh son of Aditya Singh resident of village- Narhat, P.S.Narhat, District Nawada. Versus State Of Bihar ----------- 6. 29.6.2011. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Akbarpur P.S.Case No.150 of 2004 registered under section 364 and 302/34 of the Indian Penal Code read with section 27 of the Arms Act. The bail of the petitioner was earlier considered and rejected by this Court vide order passed on 30.6.2010 passed in Cr.Misc.No.2965 of 2010. The substance of allegation as against the petitioner as set out in the first information report is of catching hold of the brother of the informant in broad day light and of having fired at him leading to his death. Learned counsel for the petitioner, while renewing the prayer for bail of the petitioner, submits that there were several circumstances which could not be brought to the notice of this Court at the time of consideration of the earlier application of the petitioner. It is contended 2 that whereas the informant himself admits that the occurrence took place at 6 A.M. on 28.11.2004, the first information report was instituted the following day on 29.11.2004 at 4.15 A.M and no explanation has been given for the delay. He further, with reference to paragraph nos.12,14,15,16, 17 and 18 of the case diary, submits that all the witnesses have stated that there was a cross firing between two rival groups, one led by this petitioner and the other by the supporters of another candidate including the deceased during the local Panchayat Elections and death occurred in such transaction.. Learned counsel for the petitioner submits that in view of the unexplained delay in institution of the case and the statements of the independent witnesses as recorded in the Case Diary, the story introduced by the informant as alleged in the first information report, becomes doubtful. It is submitted that in the circumstances coupled with the fact that the petitioner has remained in custody since 12.8.2009, his prayer deserves consideration. Regard being had to the submissions of the learned counsel, let the petitioner Pappu Singh be released on bail on his furnishing bail 3 bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S.Case No.150 of 2004 (G.R.No.589 of 2004, subject to the condition that the petitioner would be ensuring his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates without reasonable explanation to the satisfaction of the court concerned, would entitle the court concerned to cancel his bail bonds and to take him into custody. ahk (Jyoti Saran, J.)