IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36566 of 2009 1. RAKESH KUMAR @ SANJAY KUMAR S/O SHYAMBABU R/O MOH- BELBARGNJ, P.S. ALAMGANJ, DISTT. PATNA Versus 1. THE STATE OF BIHAR ----------- 03. 10.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The submission is that the petitioner is not named in the First Information Report and subsequently he was made accused on the statement of the co-accused, Santosh Chaudhary who stated that the mobile which had been found at the place of occurrence from which a call had been made which even though was in his name but was in fact being used by the present petitioner therefore the petitioner has been made an accused, further submission is that the petitioner was made accused after giving confessional statement before the police on coercion and there is no direct evidence against the petitioner and has no criminal antecedent. Taking into consideration the aforesaid - 2 - submissions, let the petitioner above named who is in custody since 20.06.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Alamganj P.S. Case No. 94 of 2009 subject to the following 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. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. Vikash/- (Anjana Prakash, J.)