IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29580 of 2009 GOPAL SINGH, Son of Late Puran Singh, resident of Village- Babhanpura, P.S. Kharik, District-Bhagalpur -------------PETITIONER Versus THE STATE OF BIHAR ----------- 4 30-11-2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 302/34 of the Indian Penal Code. The F.I.R. is on the basis of the fardbeyan of the informant in which, on the basis of information, he is alleged to have stated that the petitioner and others are members of Banti Singh’s gang who had committed murder of his father. The statements of the informant as well as mother of the deceased recorded in the trial are Annexure-2 series in which they have not supported the prosecution case. The informant has said that the police had obtained his signature on a blank paper and he has not recorded his fardbeyan. Petitioner is in judicial custody since 21.2.2009. It is said that the petitioner is an accused in two cases from - 2 - before. Considering the statements of the son of the deceased and mother of the deceased recorded in the trial annexure as Annexure-2 to this application, this application is allowed. Let petitioner above named be enlarged on bail on furnishing bail bond of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Addl.Sessions Judge, Naugachhia in connection with Kharik P.S.Case No.176 of 1997(S.T.No.1082B /2003) with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. NKS/- ( J.N.Singh, J)