IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35742 of 2009 GOPAL SINGH son of Puran Singh, resident of village Bhawanpura, Police Station Kharik, District Bhagalpur… .. Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Vivekanand Singh, Advocate For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 3 29.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is not named in the first information report and his name had surfaced during the course of investigation only on the basis of suspicion. It is also stated that co-accused Asho Singh alias Ashutosh Singh and Buchi singh alias Sachidanand Singh, who are named in the first information report, have already been granted bail vide orders dated 19.12.1997 in Cr. Misc. No. 24052 of 1997 and 19.04.1999 in Cr. Misc. No. 28071 of 1998, respectively. The petitioner is stated to be in jail custody since 01.01.2009. Learned counsel for the State submitted that the petitioner did not surrender for long time and allegation is 2 that 20-25 persons along with named accused persons in the first information report had assembled and resorted to firing, as a result of which one Awadhesh Mandal had died. It has come during the course of investigation that the petitioner was one amongst those persons, who had resorted to firing. However, named co-accused Asho Singh @ Ashutosh Singh and Buchi Singh @ Sachidanand Singh had been granted bail by this Court. In the facts and circumstances of the case, I direct the petitioner, Gopal Singh, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Naugachia, in Naugachia(Kharik) P.S. Case No. 113/1997 on further condition that one of the bailors must be close relative or family member of the petitioner. SC ( Dr. Ravi Ranjan, J.)