IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40486 of 2010 SHYAM BABU GOPE @ SHYAM BABU RAI Versus THE STATE OF BIHAR ----------- 2 21.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner seeks his bail in connection with Malsalami P.S. Case No. 212 of 2009 registered under section 302, 120B/34 of the Indian Penal Code, 27 of the Arms Act and section 3/5 of Explosive Substances Act. Although the petitioner is named in the FIR but only suspicion has been raised by the informant in his written report. The impugned order of learned Additional Sessions Judge-IX, Patna reveals that the petitioner was main conspirator of the alleged occurrence. One co-accused, namely, Amarjeet Kumar @ Dabloo @ Babloo has confessed his guilt before the police and detailed the manner of occurrence. The aforesaid finding of the learned Additional Sessions Judge-IX, Patna shows that the petitioner had not taken active part in the alleged crime. It appears to me that the prayer for bail of the petitioner has been rejected by Additional Sessions Judge-IX, Patna considering his criminal antecedent. Considering the facts and circumstances of the case as well as submissions of the parties, the petitioner, namely Shyam Babu Gope @ Shyam Babu Rai is directed to be 2 released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Malsalami P.S. Case No. 212 of 2009. to the satisfaction of Additional Chief Judicial Magistrate, Patna City at Patna. AKV/- ( Hemant Kumar Srivastava,J.)