IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23873 of 2009 KAMESHWAR BAITHA, son of Jagu Baitha, village Dhanehabar, PS Bishrampur, District Palamu, Jharkhand – petitioner. Versus THE STATE OF BIHAR ----------- 7 17.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is accused in a case under sections 147, 148, 149, 323, 427, 341, 425, 436, 504, 307 and 379 of the Penal Code, 27 of the Arms Act, 3/4 of the Explosives Substance Act and 17 of the Criminal Law Amendment Act. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. Seven persons who are named in the F.I.R. have been granted bail. It has been stated at paragraph 3 of the supplementary affidavit that the petitioner is accused eighteen cases and has been granted bail in twelve cases. Counsel for the petitioner further submits that the court ought to consider that as far as this case is concerned, the material that has transpired against the petitioner is merely based on the statement given by spies of the Investigating Officer. Considering this aspect the petitioner is directed to be released on bail in connection with Bhagwanpur P.S. Case No. 42 of 1999 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabhua subject to the condition that he shall appear in court on each and every date as and when required by the 2 court and if he absents himself even on a single date without proper cause, his bail bond shall stand cancelled and one of the bailer should be a person who is closely related to the petitioner. haque (Sheema Ali Khan, J.)