IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31657 of 2010 SATYANARAIN SINGH, SON OF LATE SHEO CHARAN SINGH, RESIDENT OF VILLAGE- DEOKALI-TENGRAIL, POLICE STATION-GURARU, DISTRICT-GAYA. …………PETITIONER. Versus THE STATE OF BIHAR. ……………OPPOSITE PARTY. ----------- 03/ 09.03.2011 Heard counsel for the parties. Prayer for bail of the petitioner was earlier rejected by the order of this Court dated 05.10.2009 in Criminal Miscellaneous No. 32905 of 2009 holding him to be the main assailant. Mr. N.A Shamsi, learned counsel appearing on behalf of the petitioner while renewing the prayer for bail of the petitioner has submitted that, true it is that in the First Information Report the petitioner who had been given the role of main assailant doing away with the life of the deceased but then in the statement of the witnesses including the informant himself, it has come that the fatal injury was caused by one Vikash Kumar @ Vikash Singh. This Court in order to verify this aspect of the matter had called for the case diary and from its perusal, it has been 2 found that the statement of the informant in the First Information Report as against the petitioner has been given a complete go by in his further statement recorded in paragraph no. 26. Additionally, this Court would find that even other witnesses have not named the petitioner as the assailant of the deceased. Thus for the present, this Court would direct for release of the petitioner, namely, Satyanarain Singh on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M, Sherghati (Gaya) in connection with Gurua P.S Case No. 27 of 2008 (G.R. No. 466 of 2008) subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now 3 made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. Ranjan (Mihir Kumar Jha,J)