IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39803 of 2009 SHANKER SAO, S/o Late Sukhari Sao, resident of Kandap, P.S. Gauri Chak, District Patna Versus STATE OF BIHAR ----------- 2. 19.11.2009 Heard counsel for the petitioner and the counsel for the State. Taking into account that the petitioner though named in the F.I.R. to be a member of unlawful assembly armed with a weapon had caught hold of the deceased while co-accused Dhirendra Singh had allegedly caused the fatal injury from his pistol, the police in course of investigation had found not only the main assailant Dhirendra Singh to be not the real person but one Dablu Singh @ Bablu Singh to be the main assailant, this Court is inclined to grant bail to the petitioner taking into account that he has got no criminal antecedent and that the nature of injury as found in the postmortem report also ruled out the possibility of the deceased being subjected to fire arm injury in a stage when he was caught hold of by the six persons including the petitioner, inasmuch as there is no blackening or charring around the only fire 2 Surendra/ arm injury. That being so, the allegation would at best be of only accompanying the main assailant, either Dhirendra Singh or Dablu Singh and therefore, he would be entitled for bail and accordingly, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.R.Upadhya, Judicial Magistrate, 1st Class, Patna City in Gauri Chak P.S.Case No. 18/2009, one of which must be given by the close family member preferably either of the parents or the wife or the son of the petitioner and in the event the petitioner is now made accused for any similar offence his present bail shall also stand cancelled. It goes without saying that the petitioner must remain present in course of trial and his absence on two consecutive dates shall make him liable for cancellation of his bail. (Mihir Kumar Jha,J.) 3