IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.23652 OF 2009 HOBI RAJAK @ HABI RAJAK, SON OF DUKHAN RAJAK, RESIDENT OF VILLAGE RUPABEL, P.S. KHAIRA, DISTRICT JAMUI VERSUS STATE OF BIHAR ----------- 3. 29.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 307, 353 read with section 34 of the Indian Penal Code and sections 27, 25 (1-B) (A) and 35 of the Arms Act. Petitioner’s name transpired from the statement of the co-accused who was apprehended while fleeing away from the place of occurrence. There is no recovery from possession of petitioner. Petitioner is in custody since 1.4.2009 and it is said that except for one case against petitioner with his Gotia in respect of land dispute, there is no case against him of similar nature. Considering the above facts and circumstances, this application is allowed. Let petitioner (Hobi Rajak @ Habi Rajak) 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 - 2 - Judicial Magistrate, Nawadah in Koakole P.S. Case No.29/08 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. B.T (J.N. Singh, J.)