IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25183 of 2009 AKIL MIYA @ WAKIL MIYA SON OF LATE JAMIL AKHATAR, RESIDENT OF VILLAGE SAHPUR, P.S. KHODAWANPUR, DISTT. BEGUSARAI. ---PETITIONER. Versus STATE OF BIAHR ----------- 4. 24/11/2009 Heard learned counsel for the petitioner and learned counsel appearing for the State. The case is under Sections 394 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that as per the confessional statement of one of the co-accused, petitioner was driving the motorcycle which shows that he was not the assailant. He also submits that the person who had confessed and other accused persons have been allowed bail by a Bench of this Court. Antecedent report of the petitioner was called for from which it appears that petitioner has three cases against him from before. However, learned Counsel for the petitioner submits that the accused persons who have been enlarged on bail by this Court earlier had also similar antecedents. It appears that the petitioner absconded for sometime and thereafter it is submitted that the petitioner was in custody in other case and from there he was remanded in the case on 3.3.2009. Therefore, he submits that, the observation of the learned court below that the petitioner was absconding for a long time, is not correct. Considering the above facts and specially the fact 2 that three accused persons and specially the person who confessed to have shot dead the deceased, have been allowed bail by a Bench of this Court, this application is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Khagaria P.S. Case No. 86 of 2003 with conditions as laid down in sub- section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. S.Ali (J.N. Singh, J.)