IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20468 of 2011 Kanhaiya Thakur Versus The State Of Bihar ------- 03/ 05.09.2011 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Allegedly, petitioner along with two FIR named accused persons namely, Rajesh Paswan and Ajay Tiwary opened fire on the son of the informant whereas one Rambilash was also making fire upon the son of the informant and one Om Prakash. The informant claimed himself to be an eye witness of the alleged occurrence but subsequently, when his further statement was recorded, he disclosed this fact that he had given name of co-accused Ajay Tiwary on the basis of information gathered at the place of the occurrence. Admittedly, except the informant, none of the person has claimed to have identified the petitioner and other co-accused. Learned counsel for the informant submits that prior to the registration of the present case, brother-in-law of the deceased Vijay was murdered by the petitioner and his other associates for which criminal case was instituted and in the aforesaid criminal case, deceased Vijay was a witness that is the reason the petitioner and his associates committed the murder of Vijay and Om Prakash. Learned counsel for the petitioner submits that there is long standing enmity between the prosecution party and the accused - 2 - persons and moreover, the deceased Vijay was himself a notorious criminal and he might be killed by some unknown persons but on account of previous enmity, the petitioner has been roped in this case. It is also pointed out by him that co-accused Ajay Tiwary, having more or less similar allegation, has already been granted bail by this court vide order dated 4.3.2011 passed in Cr. Misc. no. 780 of 2011. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner, Kanhaiya Thakur, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Sitamarhi P.S. Case no. 514/2010. It is made clear that if the petitioner fails to attend the trial court in person on three consecutive dates, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. shahid (Hemant Kumar Srivastava,J)