IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34476 of 2009 SANJAY RAM, son of Shivchandra Ram, R/o Vill. – Kothia, P.S. Bangra (Tajpur), Distt. – Samastipur …………… Petitioner Versus THE STATE OF BIHAR ………………….... Opposite Party. ----------- For the Petitioner:- Mrs. Reena Sinha, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ------------ 4. 14.12.2009. Learned counsel for the petitioner files a supplementary affidavit. Let the same be kept on reocrd. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that petitioner is not named in the first information report. Informant has stated that his nephew, Shailendra Kumar @ Guddu Singh, who is indulged in criminal activity, may be instrumental for the occurrence. Learned counsel further submitted that petitioner’s name has surfaced in paragraph 77 of the case diary, where one of the witnesses has stated that after sound of fire he had seen the petitioner along with others crossing the river. It is submitted that the petitioner has been made accused only on the basis of suspicion and - 2 - the aforesaid evidence. Even though the informant claims to identify the miscreants, he has not been put to any T.I. Parade. He is in custody since 28.04.2004. Learned counsel for the State submitted that petitioner’s name has surfaced in paragraphs 77 and 100 of the case diary wherein it is stated that he was seen crossing the river along with fire-arms by one of the witnesses after sound of fire. It is also submitted that petitioner has got criminal antecedents as Mahua P.S. Case No. 141/2003 and Baligaon P.S. Case No. 18/2004 are pending against the petitioner as per his own statement made in the supplementary affidavit filed today. However, petitioner has stated that he has been granted bail in those cases. Having regard to the facts and circumstances of the case, I direct the petitioner, namely, Sanjay Ram to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Addl. Sessions Judge, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 42/2003, (Sessions Trial No. 168/2006), subject to the condition that one of the bailors must be either the - 3 - family member or close relative of the petitioner, who shall swear an affidavit before the concerned court giving complete genealogy showing his relationship with the petitioner. It is also made clear that if the petitioner, after his release in this case, again involves himself in a criminal case of similar nature, it would be open for the concerned court to take steps for cancellation of the bail bonds of the petitioner. Further, the petitioner shall remain present during trial on each and every date failing which the concerned court would again be at liberty to take steps for cancellation of his bail bonds. dk ( Dr. Ravi Ranjan, J. )