IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32406 of 2009 PAPPU CHAUHAN, Son of Kailash Chauhan, resident of Village Baij Nathpur Tola Beldari, P.S. Sirdala, District Nawadah. Versus THE STATE OF BIHAR ----------- 2 14/9/2009 Heard counsel for the petitioner and counsel for the State. True it is that earlier case was lodged under section 396 of the Indian Penal Code but the police after investigation found the case under section 302 and other allied sections of the Indian Penal Code. Name of the petitioner being not mentioned in the First Information Report, his implication is only at the subsequent stage under the statement of one Manjho Chauhan, father of the deceased and Surendra Chauhan, nephew of the deceased, who are only said to have raised finger of suspicion against the petitioner to be the brain behind occurrence and murder of the deceased on account of previous enmity and some altercation on a day earlier to the occurrence. There is, however, nothing in the case diary as noted by the court below, which would make the petitioner the assailant and allegation of conspiracy against him also seems to be too far fetched on the basis of statement of the aforesaid two witnesses. That being so, this Court, taking into account that there is no criminal antecedent of the petitioner, would direct for release of the petitioner, namely, Pappu Chauhan, on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two 2 sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court IInd, Nawadah in Sessions Trial No. 237 of 2009/314 of 2009 arising out of Sirdalla P.S. Case No. 63 of 2004 on the condition that the petitioner shall not only receive police papers but also remain present in course of trial and in the event of non compliance of either of the aforementioned conditions his bail granted by this Court shall stand cancelled. Abhay Kumar (Mihir Kumar Jha, J.)