IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29684 of 2009 PRAMOD KUMAR PANDEY, Son of late Deep Narain Pandey, Resident of Mohalla-Shanti Nagar Bettiah, P.S.-Bettiah Town, District-Bettiah. Versus THE STATE OF BIHAR ----------- 04. 26.10.2009 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 387 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted by the learned counsel for the petitioner that the petitioner is named in the First Information Report by the informant who is not an eye witness to the occurrence, on the basis of the statements given by the witnesses who were allegedly present at the place of occurrence. Those eye witnesses have been examined in paragraphs 15, 16 and 66 of the case diary wherein from the statement of Bipin Kumar Singh in paragraph 15 the petitioner’s name has been inserted at the end merely as being present at the place of occurrence, in paragraph 16 also the only allegation is that the petitioner was present at the place of occurrence whereas in paragraph 66 the witness has again inserted the name of the petitioner at the end of the statement. It has been further submitted that apart from these statements the petitioner has not been mentioned any where in the entire - 2 - case diary as having committed the alleged occurrence. A report had been called for about the antecedent of the petitioner which has been received showing that the petitioner has fair antecedent. Taking into consideration the abovementioned submissions, let the petitioner above named who is in custody since 17.06.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah in connection with Bettiah Town P.S. Case No. 166 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)