IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31969 of 2008 MAHENDRA SHARMA @ MAHENDRA SARDAR … … Petitioner Versus THE STATE OF BIHAR … Opp. Party For the petitioner: Shri Shakeel Ahmad Khan For the State: Shri Dashrath Mehta, A.P.P. - - - - 5. 21.10.2008 Heard both the sides. The case is under Section 302 of the Indian Penal Code and relates to two murders in the house of the informant in the night intervening 4th/5th February, 2007. The deceased were the family members of the informant. For quite some times, to be exact for about four months, there does not appear any one coming forward narrating the incident, as it could have exactly happened, as an eye witness but subsequently two Salas, the wife and another came forward in the supplementary part of the investigation to make statements before the police in paragraphs 6,7,8 and 9 of the supplementary case diary which is dated 11.6.2007 who claimed themselves as to be the eye witnesses and to narrate that it was the present petitioner and others who had committed the double murder. The contention is that if they were 2 had really seen the occurrence, the present petitioner and others could have figured in the F.I.R. but there was no support from them also before the police about the participation of the petitioner and others. The contention is that the reason for the above noted persons coming out could be gathered from Annexure-3 which is a case lodged by Bibha Devi who happens to be the wife of the petitioner Mahendra Sharma which was a case under different Sections of the Indian penal Code and in that case Manoj Sharma and Sanjay Sharma the two salas of the deceased were figuring as accused and they for the above reason came out in support of the allegation. The Court’s earlier order was mainly considering the antecedent of the petitioner of being accused in as many as 11 criminal cases but that, in my opinion, could not be sufficient for negating the prayer for bail if materials do not justify it, specially when one of the accused Dharma Sharma alias Murari Sharma has been granted bail by a Bench of this Court. 3 Let the petitioner, Mahendra Sharma alias Mahendra Sardar be released from custody on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in Karpi P.S.Case No.14 of 2007. It is made clear that if the petitioner is found intimidating any of the family members of the deceased or any witness or if the petitioner is found indulged in similar nature of offence, the court below shall assume that this order had not been passed and cancel his bond and remand him to custody. Kanth ( Dharnidhar Jha, J.)