IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20005 of 2009 BIGAN PASWAN @ NIRANJAN JEE @ KAILASH JEE, son of Late Nathun Paswan, resident of village- Paharpur, P.S. Gurua, District- Gaya ………. Petitioner Versus THE STATE OF BIHAR ……. Opp.Party ----------- 4. 06/11/2009 Heard learned senior counsel for the petitioner and learned counsel for the State. Case is under sections 436, 427, 147, 148, 149 of the Indian Penal Code, section 3/4 of Explosive Substance Act and section 17 of C.L.A.Act. It appears that in the supervision of Dy.S.P., held more than one month after the occurrence, name of ten accused persons surfaced for the first time. Out of said ten persons, three have been allowed bail by this Court by orders passed in Cr.Misc.No.43323 of 2007 and Cr.Misc.No.20818 of 2006. Learned senior counsel for the petitioner submits that except for the suspicion against petitioner and others in the supervision, there is no material against petitioner to implicate him in the crime. It is admitted by learned senior counsel for the petitioner that there are three cases against petitioner from before but it is submitted that in all the cases, he has been implicated only - 2 - on suspicion. Considering the above submissions and the materials as noticed above and the fact that, except for the suspicion by the Dy.S.P., no substantial material has come against petitioner during investigation of his having participated in the crime, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati, Gaya in Gurua P.S.Case No.42 of 2004 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. Pradeep/ (J. N. Singh, J.)