IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39005 of 2010 KAMLESHWARI YADAV son of Baidya Nath Yadav, resident of village- Basethi, Police Station- Basethi, District- Araria, at present posted as Nagar Panchayat Karmachari, Kasba, Police Station- Kasba, District- Purnea Versus STATE OF BIHAR ----------- 2 19.11.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Sadar P.S. Case No.26 of 2005 for the offence punishable under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner with reference to the allegation as set out in the F.I.R. submits that there is direct allegation as against one Ramesh Yadav of firing at the deceased Jagdish Sah from his pistol and which ultimately led to his death. Learned counsel thus submits that in absence of any allegation against any person other than Ramesh Yadav in the F.I.R, the petitioner has been involved merely on the basis of suspicion, allegedly said to have been 2 detected during the course of investigation. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioner Kamleshwari Yadav, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnia in connection with Sadar P.S. Case No.26 of 2005 subject to the condition that the petitioner would ensure his representation before the Court below on each and very date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would confer liberty on the Court concerned to initiate proceeding for cancellation of his bail bonds and to take him into custody. Bibhash (Jyoti Saran, J.)