IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 7785 of 2011 Dhorho Mahton @ Dhoro Mahto, son of late Lakshaman Mahton, Resident of village – Sungihia, P S – Gangaur (Khagaria), District – Khagaria - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 18.03.2011 I A No 647 of 2011 has been filed for out of turn hearing in the admission matter of this bail application. It is stated on basis of medical certificate granted that the wife of the petitioner is in critical condition and she has been referred to the All India Institute of Medical Sciences (AIIMS), New Delhi for specialised treatment as she alleged to be suffering from lever cancer. In my view, it would be inappropriate to consider the prayer for release on provisional bail if the matter can itself be disposed of on merit. Heard the parties. Petitioner is in custody in relation to Khagaria (Gangour) Police Station Case No 109 of 2010 instituted under Sections 302/34 of Indian Penal Code read with Section 27 of Arms Act and Criminal Law (Amendment) Act, 1908. The first information report is against unknown and it relates to killing of the mother-in-law of the informant. In course of investigation, it appears that petitioner’s name has surfaced though admittedly petitioner was not one of the persons who shot. His role is that he was allegedly Area Commander of extremist organization who had planned this operation. That is an assumption by police without there being any cogent material. It is on that assumption, petitioner has been detained in the present case. 2 Considering the aforesaid, let the petitioner abovenamed be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Khagaria (Gangaur) Police Station Case No 109 of 2010, G R No 434 of 2010 subject to the condition that except when petitioner is required to be out of Khagaria in relation to treatment of his wife, he would be personally present in the Court on all days and if he is absent physically on two consecutive days in the proceedings before the trial Court, his bail bond will be cancelled and he will be taken in custody. I A No 647 of 2011 stands disposed of. M.E.H./ (Navaniti Prasad Singh)