IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32435 of 2010 Kailash Das @ Mirhattia son of Mangal Ravidas, resident of village Mirhatti, P.S. Sultanganj, District Bhagalpur. Versus STATE OF BIHAR ----------- 2/ 08-09-2010 Heard the parties. In a criminal prosecution registered under section 302/34 of the Indian Penal Code as also under section 27 of the Arms Act, the F.I.R., vide Annexure-1, was lodged against unknown accused persons with respect to death of deceased Ganesh Prasad Singh @ Shivnandan Singh. It is submitted that petitioner is not named in the F.I.R. and there is no direct material to show the complicity of the petitioner in the crime in question. It is also submitted that only material against the petitioner is that he has been named by co-accused Ujwal Kumar Paswan in his confessional statement recorded by the police. It is further highlighted that entire prosecution case against the petitioner is based on suspicion and surmises. The petitioner is said to be in judicial custody since 03.02.2010. It is also stated that petitioner is a man of fair antecedent and there is no criminal history at all against him. Taking into consideration the facts and circumstances of the case, the above named petitioner is 2 directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Bhagalpur Rail P.S. Case No. 50 of 2008, subject to condition that : (A) one of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. BTiwary/ (Birendra Prasad Verma, J.)