IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44598 of 2009 TUNTUN KEWAT son of Naresh Kewat, resident of village- Lalganj, P.S.-Chandi, Dist.-Nalanda. Versus STATE OF BIHAR ----------- 4. 9.3.2010. Heard Mr. Anjani Kumar, learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Rahui P.S. Case No.25 of 2007 registered for the offences under sections 302, 353, 332, 333, 379 and 120B/34 of the Indian Penal Code and section 27 of the Arms Act. In this case Sub. Inspector of Police was killed and his revolver and mobile were also snatched by the accused persons. First information report was lodged against unknown. It appears that during investigation on the basis of confessional statement of some of the co-accused, petitioner’s name has surfaced in this case. Learned counsel for the petitioner submits that save and except confessional statement of other co-accused disclosing the name of this petitioner, nothing has been brought on record to show complicity of this petitioner. Learned counsel further submits that some of the other co-accused having similar allegation have already been granted bail by this court. While opposing prayer for bail of the petitioner, learned Additional Public Prosecutor submits that the case appears to be serious in nature. It is a case in which a police officer was killed and his revolver and mobile were also taken away. He 2 submits that one co-accused, namely, Sanjay Paswan has approached this court and his prayer for bail was rejected and, as such, according to him, prayer for bail of this petitioner may also be rejected. Learned counsel for the petitioner submits that the case of Sanjay Paswan is not similar to the case of the petitioner. The case of Sanjay Paswan is that he made a confessional statement and on his disclosure looted mobile was also recovered. In view of the facts and circumstances, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bihar Sharif, Nalanda in connection with Rahui P.S. Case No.25 of 2007 with a condition that he shall remain present in the court on each and every date failing which his bail bond shall stand automatically cancelled. However, in case of any exigency, if it is felt that the petitioner may not appear on a particular date then prior permission will have to be taken from the court concerned. Md.S. ( Rakesh Kumar, J.)