IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1320 of 2010 AMAN KUMAR @ AMAN @ Amanullah @ Soni, Son of late LalMohammad @ Pappu Chandrabanshi, resident of village Bhamrupur, P.S. Mufassil, District – Samastipur at present – Machhali Gali, Raja Bajar,P.S. Shastri Nagar, Town and District – Patna ….. Petitioner Versus STATE OF BIHAR …… Opposite Party ----------- For the petitioner : Mr. Sachidanand Choudhary, Advocate For the S t a t e : Mr. Uma Shankar Pd. Singh, A.P.P. ----- 3 08.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 452, 302 and 380of the Indian Penal Code. It is submitted that the petitioner is not named in the first information report. There is no direct or indirect evidence against the petitioner showing his complicity in the murder of the deceased. He has been implicated only on the basis that one of the co- accused, namely, Sonu Kumar has stated that the brother of petitioner, namely, Arman told him that this petitioner had handed over the stolen mobile of the deceased, which was stolen 15 days prior to the occurrence. Learned counsel submits that earlier the - 2 - petitioner had been implicated in two cases altogether. In one of such cases, he was implicated when was a minor along with the entire family members for alleged kidnapping of boy of his neighbour. However, thereafter the villagers killed his father and petitioner had left the village. Learned counsel appearing on behalf of the State submitted that in the statement of co-accused Sonu Kumar recorded under Section 164 Cr.P.C., he has stated that petitioner had given the stolen mobile of the deceased i.e. 15 days back prior to the occurrence to his brother, who had given to the aforesaid Sonu Kumar. Learned counsel for the petitioner also points out that one of the co-accused, namely, Md. Islam has been granted bail by a Bench of this Court by order as contained in Annexure 2. In the facts and the circumstances of the case, the petitioner, AMAN KUMAR @ AMAN @ Amanullah @ Soni, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten - 3 - Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, XIII, Patna in connection with S.Tr. No. 9 of 2009 arising out of Phulwarisharif P.S. Case No. 265 of 2008, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. The petitioner, if after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. Spd/ (Dr. Ravi Ranjan, J.)