IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40837 of 2008 NANHAK YADAV Versus STATE OF BIHAR ----------- 3 23.12.2008 Heard. The petitioner seeks bail in a case instituted under sections 147, 148, 149, 302, 364 and 120B of Indian Penal Code and section 27 of the Arms Act as well as section 17 of Criminal Law Amendment Act. The date of occurrence in the present case is 18.8.2004. F.I.R. was promptly lodged on 19.8.2004 against 23 named accused persons. It appears that the same was sent to the Court on 23.8.2004. As per F.I.R., 23 persons named in the F.I.R., have conjointly committed the crime in which as many as 4 persons lost their lives. Submission before this Court is that the petitioner has not been named in the F.I.R.. It has further been submitted that one month after the occurrence i.e. on 15.9.2004, the informant lodged a protest petition in the Court of learned A.C.J.M., Danapur in which he reiterated the averments which have been made in the F.I.R. and named the 23 persons. Counsel for the petitioner, referring to the said protest petition (Annexure-2), submits that even in the said application, there is no allegation against the petitioner inasmuch as he has not been named. It appears that in course of investigation, the superior - 2 - police officers have expressed suspicion so far as the implication of the present petitioner is concerned. This fact would be apparent from the materials recorded at paragraph nos. 82 and 222 of the case diary. It has further been submitted that the petitioner has no criminal antecedent and that he is in custody since 23.4.2008. Having regard to these facts, this Court is inclined to admit the petitioner to bail. Let the petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur in connection with Paliganj P.S. case no. 102/2004 subject to the following conditions: (i) one of the bailers should be the own/close family members of the petitioner. (ii) The petitioner shall appear in person on the dates fixed in the Court below where the trial of the case is pending. (iii) In the event of his default for two consecutive dates, the bail bond of the petitioner shall be cancelled by the learned Court below and thereafter all efforts shall be taken to ensure his arrest by adopting procedure provided in law. pkj ( Kishore K. Mandal, J ) - 3 -