IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18793 of 2009 1.DEEPAK SAW, Son of Late Mahendra Saw 2.Sharban Saw, Son of Late Mahendra Saw 3.Mukesh Saw, Son of Late Mahendra Saw 4.Suresh Saw, Son of Late Hazari Saw All are resident of Village Hanuman Nagar Ward No.21, Lakhisarai, Police Station & District-Lakhisarai. Versus STATE OF BIHAR ----------- 3 7/10/2009 Heard counsel for the petitioners and counsel for the State. Though the petitioners are named accused in the First Information Report but version of the Informant is one of hear- say. The Informant claims such information of incident including murder of his father from one Ramakant Singh. The case diary, however, would bear it out that Ramakant Singh could not be examined by the police as he did not become available. The version of the Informant, therefore, does not get any support at least from the source named in the First Information Report. Counsel for the State, however, refers the statement of the alleged eye witness, namely, Parmanand Singh, the alleged eye witness, who in course of supervision of the case by Dy. S.P. on 28.6.2008 had given detailed account in which the involvement of the petitioners also in the offence alleged is supported. According to such eye witness there were 18 to 20 persons including nine named and other unnamed all of them had brutally assaulted the deceased with brick bats and rod etc. Such statement of the aforesaid alleged eye witness was however recorded after 40 days of the alleged occurrence and that too without any direct specific 2 allegation against the petitioners cannot stand in the way of the petitioners on being granted bail to them. Be that as it may, this Court considering the materials on record is inclined to direct for release of the petitioners on bail on fulfillment of the following conditions:- (i)If there be any criminal antecedent of any of the petitioners he will not be released on bail. In other words, the petitioner can only be released on bail if there is no criminal antecedent against them. (ii)One of the bailors must be a close family member. (iii)The petitioners shall remain present through out trial and their continued absence on two consecutive dates will itself entail consequence of cancellation of their bail. Subject to the aforementioned conditions, the petitioners, namely, 1.Deepak Saw, 2.Sharban Saw, 3.Mukesh Saw and 4.Suresh Saw are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in Lakhisarai P.S. Case No.197 of 2008. Abhay Kumar (Mihir Kumar Jha, J.)