IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21380 of 2011 Damodar Chauhan @ Damodar Prasad, Son of Prashuram Chauhan @ Chhotu Chauhan, Resident of Village Bishunpur, P.S. Manpur, District Nalanda. ---------- Petitioner Versus The State Of Bihar. -------- Opposite Party ----------- 03/- 29/08/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. In this case, instituted against unknown, petitioner’s name emerged only during investigation in the extra judicial confession of one co-apprehended accused Amarnath. Submission is that except disclosure of name of the petitioner in the above extra judicial confession, there is absolutely no connecting material against the petitioner rather in statement recorded under Section 164 of the Code of Criminal Procedure (Annexure – 2), one Ram Vilash Sharma has said about others, but nothing about the petitioner. Learned Additional Public Prosecutor, who is armed with case diary up to paragraph nos. 155 dated 30.06.2011, submitted that investigation is still going on, but till date, there is nothing more against the petitioner. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of charge-sheet, in the 2 event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif, in connection with Bihar P.S. Case No. 43 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)