IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22547 of 2010 GAGAN KUMAR son of late Arjun Mahto Versus STATE OF BIHAR ----------- 4/ 12.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 364, 302, 201, 120-B of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the petitioner is not named in the First Information Report and subsequently he was arrested since he was the servant of the main accused. He is said to have given confessional statement admitting therein that there is active complicity of the co-accused Umesh in the occurrence as well as Chankya, who shot dead the deceased. The material against him is that he carried out the orders of his master i.e. Chankya to dump the body as directed. Submission is that in the facts of the case at best it would be a case under section 201 Indian Penal Code which is bailable in nature. Considering that there is no material that the petitioner was involved in either planning or the execution of the murder of the deceased nor did he have any interest in the same, let the petitioner, above named, who has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Smt. Mausami Singh, Judicial - 2 - Magistrate, 1st class, Patna, in connection with S. K. Puri P.S. case no.110 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the maternal uncle of the petitioner, namely, Ganouri Raut. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)