IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24723 of 2010 Chandan Yadav, Son of Naresh Yadav, resident of Village Rakhauta, P.S. Sonbersa, District Saharsa……………………………………………………………..…….Petitioner Versus The State Of Bihar………………..Opposite Party ----------- 4 12.10.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Case is under Section 302 read with Section 34 of the Indian Penal Code and Sections 25 (1-B) A, 26 and 27 of the Arms Act. Petitioner has been named in the F.I.R. only on suspicion. Case diary was called for and after going through several paragraphs of the case diary, as referred in the order of the court below, it is stated that witnesses have only expressed suspicion against the petitioner during investigation on account of previous incident of theft of a horse. It is submitted that no witness has specifically stated that before the occurrence, petitioner had been last seen with the deceased. A supplementary affidavit has been filed on behalf of the petitioner today with 2 regard to criminal antecedents of the petitioner. After going through the same it appears that in two cases petitioner has been acquitted and in other cases he has been allowed bail. In respect of the case under section 392 of the I.P.C., it is stated that final form was submitted by the police, but learned court below took cognizance of the offence and thereafter petitioner was allowed bail by the court below itself. Petitioner is in jail since 02.02.2010. Considering the period of incarceration of the petitioner and absence of direct evidence against him, the application is allowed. Let petitioner (Chandan Yadav) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Sonbarsa P.S. Case No.90/09 (G.R.No.1495/09) with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors 3 shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)