IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11128 of 2009 KRISHNA NAND PANDAY Versus STATE OF BIHAR ----------- 3/ 15-09-2009 Heard learned counsel for the petitioners and the learned Addl. P.P. for the State. The petitioner is one of the persons named in the F.I.R. which was registered on the basis of ferdbeyan given by one Chandeshwsar Yadav in connection with Siwan Mufasil P.S. case No. 257 of 2008 for the offence under sections 324, 307, 302, 120(B) and 34 of the Indian Penal Code. Allegation is that on the date of incident, i.e., 22.11.2008 when the informant was reading newspaper along with his brother Shankar Yadav, four persons came on motorcycle , stopped their motorcycle there and then two criminals came near his brother. The petitioner is also supposed to be one of the persons who went near Shankar Yadav and took the child who was sleeping in the lap of Shankar Yadav. Thereafter one of them opened fire on Shankar Yadav which killed Shankar Yadav. Thereafter the present case was registered. Another statement made in the F.I.R. is that one Birendra Yadav, who is alleged to be the driver, was also injured in the said incident. Submission of the learned counsel for the petitioner is that no doubt he has been named in the F.I.R. but during the course of investigation it has been categorically stated that on the date of incident the petitioner was not present in Siwan and he was in Patna and there was an alibi to establish the same. During the course of investigation one of the prime eye witnesses, i.e., one Birendra Yadav, has not been - 2 - questioned by the police and no statement has been given by him. Therefore, Birendra Yadav given an affidavit that the petitioner was not present at the time of crime. It is submitted that the petitioner himself surrendered after the incident and is willing to cooperate in the trial. Taking into consideration the above submission of the learned counsel for the petitioner and the material which has come during the course of investigation, let the petitioner, Krishnanand Panday, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Siwan in connection with Siwan Mufasil P.S. Case No.257 of 2008. One of the sureties will be executed by the wife of the petitioner and another by an elected representative of the locality. It is further recorded that the petitioner will not intimidate the witness and cooperate in the trial by appearing on each and every date either by himself or through his advocate. He shall not abscond. In breach of any of the conditions will disentitle him from the privilege of bail granted to him. BTiwary/ ( Ajay Kumar Tripathi, J )