IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.23606 OF 2009 UMESH PASWAN @ DEEPAK JEE, SON OF RAMRUP PASWAN, RESIDENT OF VILLAGE TEERA, POLICE STATION HULASGANJ, DISTRICT JEHANABAD VERSUS STATE OF BIHAR ----------- 4. 13.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 147, 148, 149, 458, 380, 353, 332, 342, 326, 333, 324, 307, 302, 436, 427, 120B of the Indian Penal Code, section 27 of the Arms Act, sections 4 and 5 of the Explosive Substances Act and Section 17 of the Criminal Law Amendment Act. It is submitted by learned counsel for the petitioner that name of the petitioner has transpired on the basis of extra-judicial confession made by one of the co-accused before the police. It is further submitted that except for the same, there is no material against petitioner to implicate him in the crime. From Annexure-2 it appears that one of the co-accused has been allowed bail by a Bench of this Court, who was levelled as a leader of a gang which had committed the crime. A supplementary affidavit has been filed disclosing criminal antecedents of - 2 - petitioner from which it appears that two cases against petitioner are under Sections 307 and others Sections of the Indian Penal Code and the third one is under Section 302 and 307 of the I.P.C. in all of which petitioner has been allowed bail. It appears that petitioner has not been implicated in any other crime of such nature as in this case. He has not been levelled as a member of the extremist gang from before. Petitioner is in custody since 13.12.2008. Considering the above facts and circumstances, this application is allowed. Let petitioner (Umesh Paswan @ Deepak Jee) 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 Sri S.K. Sinha, Judicial Magistrate, Ist Class, Nalanda at Biharsharif in Rajgir (Chhabilapur) P.S. Case No.290 of 2005 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 - 3 - 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. B.T (J.N. Singh, J.)