IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26170 of 2009 SANTOSH ANAND SINGH @ AMIT KUMAR SINGH @ SANTOSH SINGH Son of Sri Rajendra Singh, Resident of Village-Kumvi, P.S. Chariya Bariyarpur, District-Begusrai. Versus STATE OF BIHAR ----------- 3 4/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for the offences under sections 307 and other allied sections of the Indian Penal Code. The petitioner was not named in the First Information Report and his complicity is said to have surfaced only on the basis of his alleged confessional statement before the police. Counsel for the petitioner, pressing petition for bail of the petitioner, would submit that true it is that the petitioner has some criminal antecedent, but in this case he has been only subjected to police torture for his implication and in fact, neither the petitioner has been identified by any person nor his complicity has been confirmed by way of any corroboration on the basis of his confessional statement. This Court had called for a report regarding criminal antecedent of the petitioner and from the said report it appears that the petitioner has been regularly made accused from the year 2003, inasmuch as, his first case, i.e, Khodabanpur (Begusrai) P.S. Case No.49 of 2003 was lodged against him in the year 2003 which was followed by another case in the year 2005 being Singhia P.S. Case 2 No.65 of 2005 for the offences under sections 302/120 B/34 of the Indian Penal Code and after being made accused in the present case, i.e, Rosera P.S. Case No.180 of 2007 he has been made accused in Cheria Bariyarpur (Begusrai) P.S. Case No.91 of 2008 for the offences under sections 25/26 of the Arms Act. All these would go to show that the petitioner is a man of chequered past and therefore implication of the petitioner in this case may or may not be true as everything will depend on the material to be produced in course of trial but as on date in the light of the material in the case diary, the petitioner would be entitled for being enlarged on bail and accordingly this Court directs for the petitioner to be released on bail on a condition that henceforth on every Monday of the week after release on bail he shall report to the Officer Incharge and his such attendance will be maintained in the Rosera Police Station which will be sent to the court below till charges are framed against him in the pending trial. After charges have been framed the petitioner would remain present in course of trial on day to day basis and his absence on even a single date before the trial court, without any justified reason, will make the petitioner liable for cancellation of his bail. With the aforementioned condition the petitioner, namely, Santosh Anand Singh @ Amit Kumar Singh @ Santosh Singh is directed to 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 Additional Chief Judicial Magistrate, Rosera, 3 within the district of Samastipur in Rosera P.S. Case No.180 of 2007. One of the bailer of the petitioner should be either of his parents. Abhay Kumar (Mihir Kumar Jha, J.)