IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23679 of 2009 SUNDAN KUMAR SINGH @ AMRENDRA SINGH, son of Ram Pukar Singh @ Bhola Singh, resident of village- Gonahi, P.S. Chhauradano, District- East Champaran ……. Petitioner Versus THE STATE OF BIHAR ….. Opp.Party ----------- 3. 29/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 302 of the Indian Penal Code. Petitioner is not named in the F.I.R. F.I.R. was instituted by Chaukidar when he found the dead body lying by the side of the road after he received information. Case diary was called for and from perusal of which it appears that petitioner was implicated in the case on the basis of his being last seen at the bus stand where the deceased was also present. It is submitted that except for the said vague evidence of the petitioner having been seen at the place of occurrence, no material has come during investigation pointing out further complicity of the petitioner in the crime. Petitioner is in custody since 15.3.2009 and it is submitted that except for one case under sections 307, 323 and other allied sections of the Indian Penal Code on account of - 2 - family dispute lodged by his uncle, petitioner has no other criminal antecedents. Considering the above facts and circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in Turkauliya P.S.Case No.21/09 with conditions as laid down in Sub- Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)