IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10704 of 2010 SURENDRA @ SURENDRA SAHANI @ RELA SAHANI, S/o Rikhai Sahani. Versus THE STATE OF BIHAR ----------- 02. 13.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 324, 307, 302 and 393 of the Indian Penal Code and Sections 25 (1-B) A, 26, 27 and 35 of the Arms Act. The prosecution case is that during resistance to robbery the father of the informant was killed by the miscreants as also one of the miscreants was killed in the transaction. The petitioner is not named in the First Information Report. Subsequently, the wife of the deceased miscreant was questioned who named the gang of the deceased miscreant including the present petitioner as one of the gang members. However, there is no positive evidence that the petitioner participated in the present occurrence. In view of such and also that the petitioner has remained in custody since 07.01.2008 and has no criminal antecedent, let the petitioner above - 2 - named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-I, Gopalganj in connection with Baikunthpur P.S. Case No. 164 of 2006 (S.Tr. No. 204 of 2009) subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The trial court before releasing the petitioner on bail will verify the fact that the petitioner has no criminal antecedent. Vikash/- (Anjana Prakash, J.)