IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31335 of 2009 NOOR ALAM @ ZALIM MULLA Versus STATE OF BIHAR ----------- 3 29.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Kocha dhaman P.S. Case No. 6 of 2008(G.R.No.75/08) registered under Sections 307/34 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. is that while the informant was coming after purchasing some medicines he was surrounded by several persons and out of whom one Md. Anjar hurled bomb on him in order to kill him. It is also submitted that thereafter the persons started open fire and also inflicted physical blows on his person and after considering him dead they went away. Learned counsel for the petitioner submits that although Md. Anjar has been specifically named as having hurled the bomb, there is no specific allegation against the petitioner save and except that he is stated to be amongst the persons who surrounded the informant. - 2 - It is further contended that petitioner has been languishing in Jail custody since 14.1.2009 Having regard to the facts and circumstances of the case, let the petitioner, Noor Alam @ Zalim Mulla, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Kocha Dhaman P.S. Case No. 6/08 (G.R. No. 75/08) subject to the conditions that the petitioner would be attending the court below on each and every date fixed. The failure on the part of the petitioner to attend the court on two consecutive dates would grant liberty to the court below to initiate proceedings for cancellation of bail and for taking him into custody. Bibhash (Jyoti Saran, J. )