IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39784 of 2009 MD.MOJAMIL @ MD.MAJAJMIL, son of Khalil, resident of village Saradhi, P.S. Dharhara, District Munger Versus STATE OF BIHAR ----------- 2. 18.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is an accused who was not named in the F.I.R. for offences under section 302 and other allied offences of the Indian Penal Code as also section 27 of the Arms Act and section 17 of the Criminal Law Amendment Act. Counsel for the petitioner would submit that in the F.I.R. the specific allegation of assault causing fatal injury as also other injuries on the deceased and also putting the house on fire by group of extremist is against other accused persons either named or to be a member of such gang. He would submit that the name of the petitioner in fact was subsequently taken by three persons alleging that he was also a member of the gang of the extremist which had indulged in the aforementioned act. Counsel has also placed before this Court the Admit card of the petitioner of 2009 2 Intermediate examination and submits that the petitioner has got no criminal antecedent much less any connection with the extremist and has been named in this case only on the basis of suspicion. Considering the fact that there is no allegation of any specific overt act against the petitioner as also the fact that the petitioner is a student with no criminal antecedent, this Court would direct for release of the petitioner on bail subject to verification by the court below of the petitioner having no criminal antecedent. If the court below finds that the petitioner has got no criminal antecedent, it would release the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in Dharhara P.S.Case No. 64/2009, one of which must be furnished by either parents or the wife of the petitioner. It goes without saying that the petitioner would keep himself away from any such allegation in which he finds himself in 3 the present case, inasmuch as his further complicity in any such offence would also make him liable for cancellation of his bail. The petitioner also must remain present in course of trial and his absence on two consecutive dates in course of such trial will lead to cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/