IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20190 of 2010 SANTOSH KUMAR CHAUDHARY @ KALAMPU S/o Yoogendra Chaudhary, R/o village Baraitola, Bari Patandevi,Gayghat, P.S.Allamganj, Dist. Patna ………Petitioner. Versus STATE OF BIHAR O.P. ----------- 2 16.6.2010 Heard the parties. In a criminal prosecution for an offence under section 302/34 of the Indian penal Code as also under section 27 Arms Act, the petitioner is not named in the FIR as an accused. Unknown miscreants are said to have resorted to firing as a result of which deceased Guddu Singh sustained injury and subsequently he died. During the course of investigation also nobody has claimed to have seen the petitioner participating in the occurrence in question. Only material against the petitioner is that he has been named by co-accused Vikki Kumar in his confessional statement recorded by the police. It is submitted by learned counsel for the petitioner that co-accused Vikki Kumar has already been granted bail by a Bench of this Court. The petitoner is stated to be in judicial custody since 22.8.2009. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional C.J.M, Patnacity in connection with Alamganj P.S.Case No. 94/2009, subject to the conditions : (a) That one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature - 2 - of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( Birendra Prasad Verma, J. ) M.Rahman