IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32636 of 2009 YOGENDRA NAT @ YOGENDRA KHALIFA, SON OF LATE JAI NARAIN KHALIFA, RESIDENT OF VILLAGE TARAWA, POLICE STATION SAHEBGANJ, DISTRICT MUZAFFARPUR. Versus STATE OF BIHAR ----------- 3. 3.3.2010. Heard Mr. Kanhaiya Prasad Singh, learned Senior Counsel for the petitioner and learned counsel for the State. The petitioner is in custody in Sahebganj P.S. Case No.154 of 2008 for the offence under Section 302 and other allied Sections of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. The case of prosecution is that on an information that several naxalites had assembled, the police party rushed there and thereafter the accused persons opened fire and in that firing, one police personnel received fire arm injury and he died. During the occurrence, one of the accused persons, namely, Tabarak was apprehended by the police and before police, he disclosed the name of this petitioner and on that basis, the petitioner has been made accused in this case. - 2 - Learned counsel for the petitioner submits that he is in custody since 21.5.2009. Learned counsel for the petitioner, while referring Annexure-2 series to the petition, has submitted that the petitioner is a serious patient of cancer and he was under treatment in the Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna in the Regional Cancer Centre. Learned counsel for the petitioner further submits that except confessional statement of co- accused, which was made before the police, there is nothing on record to connect this petitioner in the present case. Without going into the merit of the case and keeping in view the ailment of this petitioner, let the petitioner above named be enlarged on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., West Muzaffarpur in Sahebganj P.S. Case No.154 of 2008 with a condition that on each and every date, the petitioner shall remain present before the trial court, failing which his bail bond shall stand - 3 - N.H./ automatically cancelled. However, in special exigency, if the petitioner feels that on a particular date, he may not appear, then in that event, he will file a petition for prior permission for his exemption on a particular date and court concerned may examine the same on its own merit. Further condition is that one of the bailors should be either mother, brother or his own sister. ( Rakesh Kumar,J.)