IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40702 of 2010 BIPIN KUMAR @ MATHA SINGH son of Late Rajeshwar Singh resident of Village Kamta, Police Station Hilsa, District Nalanda… …Petitioner Versus THE STATE OF BIHAR… …Opposite Party ……… For the Petitioner : Mr. Mukesh, Advocate For the State` : Mr. S.K. Singh, A.P.P ----------- 6 18.05.2011 Perused the report kept at Flag A. Heard learned counsel for the petitioner and the A.P.P for the State. The petitioner seeks bail in a case registered for offences punishable under Sections 393/302 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner’s payer for bail has earlier been rejected vide order dated 30.04.2010 in Cr. Misc. No.43709 of 2009 with Cr. Misc. No. 8745 of 2010, a copy of which has been appended as Annexure-1. During the course of argument, reliance was placed upon on behalf of the petitioner upon Annexure-3 which appears to be an application on behalf of the prosecution made in the court of Additional Chief Judicial Magistrate, Hilsa stating therein that the co- accused persons namely Dhirendra Singh and Matha 2 Singh are innocent, whereas it has also been found that one Uday Shankar Singh is the real person behind the occurrence, who has been charge-sheeted later on and is already in custody. Learned counsel for the State, on earlier occasion, had sought adjournment for verifying Annexure-3. Today, a detailed affidavit has been filed on behalf of the State which has been sworn in by the SDPO, Hilsa and wherein similar stand has been taken as in Annexure-3. Learned counsel for the petitioner further submits that the person, who has been charge- sheeted after further investigation being the real person behind the occurrence, has already been granted bail by the 5th Additional Sessions Judge, Hilsa and so far the co-accused Chandramani is concerned, final form has been submitted by the Police exonerating him. Learned counsel further contends that the petitioner’s bail application has earlier been rejected on the ground that he has been named as main assailant in the First Information Report. However, further investigation and the stand taken by the State in Annexure 3 as well as in the counter affidavit filed today, it is apparent that the 3 petitioner is innocent and even then he has remained in custody for the last about 22 months. From the report kept at Flag A, it appears that the case is still at the stage of commitment. Learned counsel appearing on behalf of the State also supports the submission and that the petitioner seems to be innocent person as would be apparent from the affidavit filed on behalf of the State. In the aforesaid peculiar facts and circumstances of the case, the petitioner Bipin Kumar @ Matha Singh is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Hilsa P.S. Case No.227/2009 with a further condition that the petitioner should be well represented on each and every date during the course of trial. Failing on two consecutive dates without any reasonable explanation, the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner It is made clear that the court below shall 4 proceed with the matter on its own merit and in accordance with law without being prejudiced by any finding/observation made in this order. SC /Sanjay-II (Dr. Ravi Ranjan, J.)