IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37934 of 2009 SANJAY PASWAN @ GOVIND PASWAN, son of Sahdeo Paswan @ Katiman Paswan, resident of village Karari, P.S. Piparia, District Lakhisarai Versus STATE OF BIHAR ----------- 2. 7.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner faces prosecution for offence u/ss 302/120B/34 of the Indian Penal Code alongwith eight other co-accused persons. Counsel for the petitioner would submit that the co-accused Deepak Saw, Sharban Saw, Mukesh Saw and Suresh Saw having an exactly identical allegation have already been directed to be released on bail by the order of this Court dated 7.10.2009 in Cr.Misc.No. 18793/2009 and therefore, the case of the petitioner standing on the same footing he too would be entitled for grant of bail when he has got no criminal antecedent. In the opinion of this Court as the case of the petitioner is on the same footing as that of the aforementioned four accused persons, this Court would direct for grant of bail to the petitioner on 2 fulfillment of the following conditions: (i)If there be any criminal antecedent of the petitioner 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 him. (ii)One of the bailors must be a close family member. (iii)The petitioner shall remain present throughout trial and his continued absence on two consecutive dates will itself entail the consequence of cancellation of his bail. Subject to the aforementioned conditions, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in Lakhisarai P.S.Case No. 197/2008. (Mihir Kumar Jha,J.) Surendra/