IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13833 of 2010 PANKAJ RAM @ PRATAP RAM, SON OF NARAYAN RAM, RESIDENT OF VILLAGE KHAIRA, POLICE STATION KAJRA, DISTRICT-LAKHISARAI. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Kanhaiya Pd. Singh, Senior Advocate. For the State : APP. ----------- 06/ 03.11.2010 Heard learned Counsel for the petitioner and learned Counsel for the State. Earlier prayer for bail of this petitioner was rejected on 20th of August, 2009 in Cr. Misc. No. 22111 of 2009. The case relates to murder of S.P. Munger and three constables by suspected extremists. Submission is that the petitioner’s name has come during investigation only on the basis of suspicion and except his confessional statement before police there is no material against the petitioner. There is no independent corroboration from any independent regarding petitioner’s complicity in the offence. Other persons under similar circumstances have been admitted to bail. Reliance has been placed on order dated 12.04.2010 in Cr. Misc. No.10595 of 2010, 09.07.2010 in Cr. Misc. No. 22990 of 2010 and 27.07.2010 in Cr. Misc. No. 25277 of 2010 2 whereby Sunil Kumar @ Sunil @ Barka Sunil @ Lambu, Raj Kumar Das and Bachandeo Yadav have been admitted to bail respectively. Learned Counsel for the State has submitted that the case of the petitioner is similar to the case of others who have been granted bail. A report has been called for and from the report it appears that the petitioner is not being produced so charges has also not been framed as yet. The petitioner is in custody since 19.01.2009. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge/court concerned, Munger in connection with Sessions Trial No. 584 of 2009 arising out of Haweli Kharagpur P.S. Case No. 4 of 2005 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving 3 genealogy as to how he is related with the petitioner and the other bailor shall be the brother of the petitioner. The Magistrate concerned shall verify the documents of the petitioner and the bailors properly so that there is no confusion about their identity later. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given 4 date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. kksinha/- (Shyam kishore Sharma, J.)