IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20556 of 2009 LAKHAN PANDEY son of Sri Jagdish Pandey, resident of Village Bhakura, P.S. Tarari,Dist. Bhojpur Versus STATE OF BIHAR ----------- Cr.Misc. No.23932 of 2009 TRILOKI UPADHYAY @ PANPAN UPADHYAY Son of Dina Nath Upadhyay, resident of village Neonar P.S. Piro (Hasan Bazar) Dist. Bhojpur Versus STATE OF BIHAR ----------- Cr.Misc. No.25699 of 2009 RAHUL PANDEY @ RAHUL KUMAR son of Ramjee Pandey, resident of Village Bhakura, P.S. Tarari, Dist. Bhojpur Versus STATE OF BIHAR ----------- Cr.Misc. No.28467 of 2009 GIDIK PANDEY son of Katari Pandey @ Rameshwar Pandey R/O village Bhakura, P.S. Tarari, Dist. Bhojpur …(All petitioners) Versus STATE OF BIHAR ----------- 4 27.10.2009 Heard learned counsel for the petitioners and the State. Petitioners seek bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioners are not named in the first information report of the murder of the deceased Narendra Singh @ Bhajan Singh even though the first information report was instituted after about four hours of the occurrence by the mother of the deceased. Later on in paragraph 53 of the case diary the wife of the deceased has been examined on 6.11.09 5 days late wherein she stated that she was an eye witness and she saw the petitioner Lakhan Pandey shooting her husband which apparently - 2 - appears an after thought since had she been an eye witness of the murder her version would have been incorporated in the first information report itself. The rest of the witnesses also belatedly disclosed the names of the accused. Taking into consideration the aforementioned submission, let the above named petitioners be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Bhojpur Ara in connection with Tarari P.S. case no. 62 of 2008, subject to the condition that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and further that the petitioners will give an undertaking that they will receive the police papers on the given dates and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (Anjana Prakash, J) M.Rahman