IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40870 of 2009 SIPAHI RAM, SON OF LATE SUKAR RAM, RESIDENT OF VILLAGE-SONDIHRA, P.S.BHABUA, DISTRICT-KAIMUR. ……………………………………………………PETITIONER. Versus THE STATE OF BIHAR……………….OPPOSITE PARTY. ------ For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate. For the State : Mr. Jitendra Kumar Singh, A.P.P. --------- 3. 5.4.2010. 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 302, 326 and 307/34 of the Indian Penal Code besides Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that he is not named in the First Information Report, however, it is alleged that the two co- accused persons, namely, Bharat Bind and Tunnu Bind, have allegedly disclosed the name of the petitioner regarding his participation in the alleged occurrence. Thereafter, the petitioner has also made self incriminating confessional statement before the police. Learned counsel submits that - 2 - apart from the confessional statement, no material could be collected during the course of investigation showing the complicity of the petitioner in the alleged crime. It has also been submitted that the co-accused, Tunnu Bind, who had named the petitioner, had already been granted bail by a Bench of this Court vide order as contained in Annexure-‘2’ to the application. The petitioner is stated to be in custody since 23.3.2009. Learned counsel also contended that the petitioner was earlier implicated in another case registered under Section 364-A of the Indian Penal Code ten years back and apart from that, he is not involved in any other case. Learned A.P.P. for the State submitted that the name of the petitioner has surfaced upon the confessional statement of the co-accused, Bharat Bind and Tunnu Bind, however, the co-accused, Tunnu Bind, had already been granted bail. Having regard to the facts and the circumstances of the case, the petitioner, Sipahi Ram, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount - 3 - each to the satisfaction of the Additional Sessions Judge, F.T.C.-3, Kaimur at Bhabua, in connection with S.Tr. No.115 of 2009 arising out of Chand P.S. Case No.108/08, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutives dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)