IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17424 of 2010 KAMESHWAR BAITHA, son of Jagu Baitha, village Dhanchabar, PS Bishrampur, Dist. Palamu, Jharkhand. Versus STATE OF BIHAR . ----------- 3 4.8.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is in custody in a case under section 302 and other sections of the Penal Code. His prayer for bail was earlier rejected on 11.9.2009. It is alleged that the petitioner along with others are responsible for killing a constable as a result of indiscriminate firing on the patrolling party. Learned counsel for the petitioner submits that the petitioner has remained in custody since 25.3.2009 in the present case although he has been in custody since 2005 in connection with other cases. As far as involvement of the petitioner in the present case is concerned, it would appear that the only material that has come against him is a suspicion that he along with other accused persons was involved in the extremist attack. It is submitted that there is no positive evidence against the petitioner. Considering all aspects of the matter the petitioner is directed to be released on bail in Nauhatta PS Case No. 3/2000 giving rise to S.T. No. 132/2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judge, Rohtas with the conditions that 2 attested photographs of the bailers should be affixed on the bail bond and that the petitioner should file his Hazri before the Superintendent of Police, Rohtas every alternate month. haque (Sheema Ali Khan, J.)