IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10630 of 2009 KAMLESH RAI Versus STATE OF BIHAR ----------- 3 15.10.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 16.12.2008 in relation to Shashtri Nagar P.S. Case No. 296 of 2007 which was instituted under several sections of the Indian Penal Code including section 302. Submission of learned counsel for the petitioner is that in the FIR it is stated that Bhagina of Bindeshwar Rai was one of the persons involved in the crime. The petitioner has not been identified by name as such. Even according to the narration in the FIR it is stated that he was part and parcel of the group which indulged in assault which led to death but there is specific allegation against certain individual who has assaulted the deceased. Looking at the period the petitioner has been in custody coupled with his role assigned which has been emerged in the investigation, let the petitioner, namely, Kamlesh Rai be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Shashtri Nagar P.S. Case No. 296 of 2007. One of the sureties will be executed by the father of the petitioner and other by elder - 2 - brother of the petitioner Mr. Mithlesh Kumar, who has sworn the affidavit in the present case on due identification by the court below. Petitioner is also directed to appear on each and every date fixed by the trial court either by himself or through his counsel. If he breaches any of the condition, the court below may consider to cancel the bail bonds of the petitioner and he may be taken into custody. RPS (Ajay Kumar Tripathi,J.)