IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32516 of 2010 JULMI MAHTO, S/o Late Vishandeo Mahto, R/o Village- Bind Toli, P.S.-Nathnagar, District- Bhagalpur. Versus STATE OF BIHAR ----------- 2. 08-09-2010 Heard the parties. In a criminal prosecution registered under Sections 302/34 and other allied offences of the Indian Penal Code as also under Section 27 of the Arms Act, the petitioner and four other persons are named in the F.I.R. as accused. In the first part of the F.I.R. there is general and omnibus allegation that all the five named F.I.R. accused persons assaulted the deceased by piece of bamboo, but thereafter it is specifically alleged that co- accused Darbi Mahto and co-accused Hira Mahto fired upon the head of the deceased, as a result of which he is said to have died on the spot. It is submitted that even according to the prosecution case, the petitioner is not the person, who can be said to be responsible for the death of the deceased. It is also submitted that as a matter of fact the deceased was accused in several other criminal cases and he was done to death in some other manner and not as disclosed in the F.I.R. vide Annexure-1. The petitioner is said to be in judicial custody since 27-04-2010. Taking into consideration the aforesaid facts 2 and circumstances, the petitioner is directed to 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar P. S. Case No. 54 of 2010, subject to the conditions that (a) one of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner; (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. Sujit (Birendra Prasad Verma, J.)