IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20496 of 2009 AWADH BIHARI SINGH Versus The STATE OF BIHAR ------ 2/ 21.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. In the case, it is said that deceased proceeded for gambling to the petitioner’s house and reported the same to his family members but according to the learned counsel, no gambling was found in his house in the night of the incident and no material at all could be collected to involve the petitioner which has been submitted by the A.P.P. arguing the case before the learned Sessions Judge also, though investigation is in progress but till today, there is no material justifying petitioner’s arrest. Accordingly, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Ekma P.S. Case No. 103 of 2008, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saran at Chapra subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, at the stage of framing of the charges, justification of the bail will be considered by the Trial Court in the light of the materials collected by the I.O. shail (Mandhata Singh,J.)