IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12719 of 2009 NAGENDRA SHARMA, SON OF RAMESH SINGH, RESIDENT OF VILLAGE NAUGARH, P.S. MAKHDUMPUR, DISTRICT- JEHANABAD…………………………………………..PETITIONER. Versus THE STATE OF BIHAR…………………………….OPPOSITE PARTY. ----------- For the Petitioner : M/s. Yogesh Chandra Verma, Senior Advocate and Shekhar Kumar Singh, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ---------- 2. 5.5.2009. The petitioner, Nagendra Sharma, one of the F.I.R. named accused of Sessions Trial No.43 of 2009 arising out of Shakurabad P.S. Case No.29 of 2008 is in custody in connection therewith on the allegation that he alongwith others riding two motorcycles had forcibly stopped the informant and also resorted to firing. It has been submitted that no incriminating articles have been recovered either from the possession or person of the petitioner and there was no intention to commit the murder of the deceased. The prayer for regular bail of the petitioner had earlier been rejected vide order dated 30.9.2008 passed in Criminal Misc. No.33524 of 2008. The submission on behalf of the prosecution is that the petitioner does not bear a clean antecedent. Being a criminal antecedent cannot be a reason for detention of a person in custody when he is not named in the F.I.R. and no material has been gathered against him. In the facts and the circumstances of the case and - 2 - considering the liberty which has been granted to the petitioner earlier, the petitioner, Nagendra Sharma, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Presiding Judge, Fast Track Court No.II, Jehanabad in connection with Sessions Trial No.43 of 2009 arising out of Shakurabad P.S. Case No.29 of 2008. P.S. (Abhijit Sinha,J)