IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23789 of 2009 RUSTUM @ RUSWA MIAN Versus STATE OF BIHAR ----------- 3 07.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Beldaur P.S. Case No. 20 of 2007 in G.R. No. 551 of 2007 registered under Sections 302/ 201/34 of the Indian Penal Code and 27 of the Arms Act. The name of the petitioner has transpired during the course of investigation in the matter of death of the nephew of the informant. The bail of the petitioner was rejected by the Court below by reason of statement made in paragraphs 42 to 44 of the case diary in which one of the witnesses have named the petitioner and some others being assailant of the deceased. Contention advanced on behalf of the petitioner is that one of the persons named in the said paragraphs of the case diary namely, Sannu Mian has been granted bail by a Bench of this Court in Cr.Misc. No. 31744 of 2009 dated 2 3.9.2009. It is stated that the case of the present petitioner is on better footing as he has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, Rustam @ Ruswa Mian, 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 Chief Judicial Magistrate, Khagaria in connection with Beldaur P.S. Case No.20 of 2007 in G.R. No. 551 of 2007 subject to the condition that one of the bailors would be close relatives of the petitioner who would also indicate as to how he is related with the petitioner. The said bailor would also certify the antecedent of the petitioner and would give an undertaking in the affidavit that he would inform the court below if the petitioner is involved in any other criminal case. The petitioner on his part would give an undertaking that he would be receiving the police papers on the given date and would not delay the trial. If upon information being supplied by the said bailor to the Court below regarding involvement of this petitioner in any other criminal case, the 3 Court below would be at liberty to take him back in custody. Bibhash (Jyoti Saran, J.)