IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26922 of 2009 BALRAM MANDAL, SON OF HARILAL MANDAL, RESIDENT OF VILLAGE PAKKI SARAI, P.S. KAHALGAON, (GHOGHA), DISTRICT BHAGALPUR VERSUS STATE OF BIHAR WITH CR.MISC. NO.25005 OF 2009 HARI MANDAL @ HARILAL MANDAL, SON OF LATE DARBARI MANDAL, RESIDENT OF VILLAGE PAKKISARAY, P.S. KAHALGAON, DISTRICT BHAGALPUR VERSUS STATE OF BIHAR ----------- 3. 13.11.2009 Heard learned counsels for the petitioners and learned counsel for the State. The case is under sections 302, 379 read with Section 34 of the Indian Penal Code and section 27 of the Arms Act. As per the statement of the informant, his auto-rickshaw was hired by some miscreants in the night from the station and thereafter it vanished. Police found the dead body of the driver of the auto-rickshaw but it did not find any clue and as such, closed the investigation of the case. However, after ten months of the occurrence, auto-rickshaw was found standing in the garage of one Bishun. Petitioners, who are father and son, were present in the garage and they were arrested and charge-sheeted in this case. Thereafter for the said incident two - 2 - separate cases – one under Section 302, 394 read with Section 34 of the I.P.C. and another under Sections 392 and 120B of the I.P.C., were registered against petitioners apart from the present case one. It is stated that except for these cases, which arise out of one incident, petitioners have no criminal antecedents. Petitioners are in judicial custody since 30.10.2008. Considering the above facts and circumstances and considering the fact that petitioners were arrested ten months after the occurrence on suspicion only, these applications are allowed. Let petitioners of both these applications, namely, Balram Mandal and Hari Mandal @ Harilal Mandal, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Sabour P.S. Case No.20/08 (G.R. No.160 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 - 3 - petitioners. 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 petitioners and take steps for their arrest. B.T (J.N. Singh, J.)