IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25283 of 2009 Uma Prasad Keshari, Son of Late Sita Ram Keshari, Village Hilalpur, Police Station Hajipur Town (Industrial P.S.), District Vaishali. ------- Petitioner Versus The State of Bihar ---------- Opposite Party ----------- 3 8.10.2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that the complicity of the petitioner is confined to his being one of the members of the mob which is said to have done to death a police constable as also creating some sort of anarchy and such circumstances cannot make the petitioner personally liable for causing the death of the police constable in absence of any allegation of specific overt act against him. Moreover, this Court has already granted bail to the other persons of the same unruly mob including one Sunil Rai @ Sunil Kumar Rai @ Sunil Kumar and Vijay Paswan in Cr. Misc. No. 31692 of 2009 disposed of on 15.9.2009. Considering the aforesaid aspects of the matter specially the fact that the petitioner has also got no criminal antecedent, this Court would direct for release of the 2 petitioner on specific conditions, namely:- (i) One of the bailers will be close relative of the petitioner preferably either of the parents or the wife. (ii) The petitioner shall make himself available in course of trial and his absence on two consecutive dates will entail the consequence of cancellation of his present bail. On the aforementioned conditions, the petitioner, namely, Uma Prasad Keshari is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town (Industrial P.S.) Case No. 152/09 G.R. No. 900/09. Rsh (Mihir Kumar Jha, J.)