IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11611 of 2009 SANJAY SINGH @ LAPPI, Son of late Rameshwar Singh, R/o village Maharatpur P.S. Mufassil, District Begusrai. Versus STATE OF BIHAR Cr.Misc. No. 12221 of 2009 GULSHAN KUMAR, son of Ram Padarath Singh, resident of Village-Amraur P.S. Mufassil, District- Begusrai. Versus STATE OF BIHAR ----------- 5 7/10/2009 Heard counsel for the petitioners and counsel for the State. Even though allegation of causing fatal gun shot injury is against co-accused Uday Singh, this Court, considering nature of allegation against petitioner Sanjay Singh @ Lappi as also his criminal antecedent of being involved in two other serious cases, one under section 307 of the I.P.C. and other under section 302/34 of the I.P.C., is not inclined to grant bail to petitioner Sanjay Singh @ Lappi (petitioner in Cr. Misc. No.11611 of 2009). Accordingly, his prayer for bail is hereby rejected. Petitioner Sanjay Singh @ Lappi is in custody since 13.10.2008 and therefore his trial may be expedited. Case of petitioner Gulshan Kumar ( petitioner in Cr. Misc. No.12221 of 2009) is, however, on different footing, inasmuch as, neither he is named in the First Information Report nor specific allegation of any overtact has been assigned against him. It is true that there is one criminal case by way antecedent, pending against the petitioner Gulshan Kumar under section 2 302/34 of the I.P.C. but then in the light of the allegations made in the First Information Report naming specifically five persons to be members of mob which had done away the deceased to death, this Court would direct for release of petitioner Gulshan Kumar on bail on the condition that the said petitioner Gulshan Kumar will give a written undertaking that if he is now made accused in any other criminal case his present bail shall also stand cancelled and that the petitioner Gulshan Kumar will always remain in attendance and his continued absence of two consecutive dates before the trial court will itself entail consequence of his cancellation for bail. That being so, this Court with the aforementioned conditions would direct for release of petitioner Gulshan Kumar (petitioner in Cr. Misc. No.12221 of 2009) on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.I, Begusrai in S.Tr. No. 906 of 2008 arising out of Mufassil (Singhaul) P.S. Case No. 284 of 2007. Abhay Kumar (Mihir Kumar Jha, J.)