IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24048 of 2009 MD. ISLAM, S/o Md. Abdul Samad Versus STATE OF BIHAR ----------- 3/ 08.09.2009 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case which has been registered for the offence under Sections 452, 302, 380 of the Indian Penal Code. Husband and wife were found killed during night. An attempt to commit theft / loot was also made. First Information Report was lodged against unknown. It is contended that only material available against the petitioner are in paragraph 85 and 108 of the case diary. Paragraph 85 of the case diary contains statement of Sonu Kumar under Section 161 of Cr.P.C., does indicate the presence of the petitioner while planning to commit murder was made. However, in his statement made under Section 164 of Cr.P.C. (Annexure-3) he has not alleged anything against the petitioner. Paragraph 108 of the case diary contains statement of Amanullah where in he has stated that the mobile phone of the petitioner was used by Sonu. This factum is not supported by the statement of Sonu. Referring to different paragraphs of the bail application it is contended that looking to the factual profile of the case the petitioner was granted privilege of police bail, which he did not misuse. It is next contended that petitioner has no criminal antecedent and he is in custody since 19.07.2008. Having regard to the facts, this court is inclined to grant bail to the petitioner. Let petitioner, named above, is directed to be - 2 - released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-XIII, Patna in connection with Fulwari Sharif P.S. case No. 265 of 2008 (Sessions Trial No. 09 of 2009), subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) No sooner charges are framed, petitioner shall continue to appear before the court below in person on each date fixed at the trial. In case of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. Uday/ (Kishore K. Mandal, J.)