IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34873 of 2009 EKHLAKH AHMED @ EKHLAQUE AHMED Versus STATE OF BIHAR ----------- 03/ 09-12-2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in connection with Siwan (Town) P.S. Case No. 93 of 2007 for offence punishable under Sections 302/34 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. is that one Ekhlakh Akhtar, the generator operator was shot dead. The F.I.R. was instituted against unknown and the cause of the occurrence was attributed to the fact that the assailants did not want the deceased to make pairvi of a case which was pending adjudication. Learned counsel appearing on behalf of the petitioner submits that he has been wrongfully implicated in the present case and that the informant himself had filed a petition in the court below that this petitioner and one Nitin Raj Srivastava @ Munshi Srivastava, a co-accused were known to the informant and that they are not the persons who have committed the offence. Learned counsel submits that in similar situation the said Nitin Raj Srivastava @ Munshi Srivastava has been granted bail in Criminal Misc. No. 3252 of 2009 vide order passed on 23.6.2009. Learned counsel thus submits that the case of the present petitioner is on same and similar footing. Having regard to the facts and circumstances set forth, let - 2 - petitioner Ekhlakh Ahmed @ Ekhlaque Ahmed be released 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 Chief Judicial Magistrate, Siwan in connection with Siwan (Town) P.S. Case No. 93 of 2007 subject to the condition that he would be attending the court below on each and every date fixed and the failure on the part of this petitioner to attend the court below on two consecutive dates without reasonable explanation to the satisfaction of the court below would confer liberty on the court below to initiate proceedings for cancellation of his bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)