IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28517 of 2009 BIGAN MAHTO, SON OF LATE RAJU MAHATO, RESIDENT OF VILLAGE SHITALPUR BANEJA, POLICE STATION DAUDPUR, DISTRICT SARAN AT CHAPRA VERSUS THE STATE OF BIHAR ----------- 4. 05.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 302 read with Section 34 of the Indian Penal Code. Petitioner is not named in the first information report. In F.I.R. the informant has claimed that after taking meal he along with his father and other family members had slept. When he woke up at about 1.00 P.M. he did not find his father. However thereafter he again slept. After half an hour, one Guddu Singh informed him that there was some quarrel in the orchard. The informant and other family members went towards orchard and they saw his father dead there. In the first information report, he does not name anyone. Subsequently, he developed the story before the police that this petitioner had called his father. Learned counsel for the State submits that except for the subsequent statement of the informant made before the police next day, there - 2 - is no specific material directly to implicate petitioner with the crime. Petitioner is in custody since 05.04.2008. Considering the above facts and circumstances and materials available in the case diary, this application is allowed. Let petitioner (Bigan Mahto) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of F.T.C. Ist, Chapra in S. Tr. No.632 of 2008 arising out of Daudpur P.S. Case No.31 of 2008 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)