IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.19016 OF 2009 MAHESH SHARMA, SON OF SRIRAM UGRAH SINGH, RESIDENT OF VILLAGE TUTARKHI, POLICE STATION KONCH, DISTRICT GAYA VERSUS THE STATE OF BIHAR ********** 3 21/08/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case which was initially instituted under Section 364/34 of the Indian Penal Code but later on Section 302 of the Indian Penal Code was incorporated. The prayer for bail on behalf of the petitioner was earlier rejected by order dated 10.07.2008 passed in Criminal Misc. No. 16555 of 2008. Learned Counsel for the petitioner submits that the statements made by the two witnesses at paragraphs 9 and 10 of the case diary indicate that the petitioner was leading the mob who allegedly killed Anwar Kuraisi and Supan Kuraisi. The other two persons were accompanying the deceased person, Asgar Kuraisi and Jagan Kuraisi claimed that they saw this petitioner with a number of other unknown persons. Asgar Kuraisi and Jagan Kuraisi have 2 stated that at paragraphs 31 and 32 that they heard Anwar Kuraisi and Supan Kuraisi have been kidnapped on the next day of the occurrence. Learned Counsel submits that nobody has actually seen that Anwar Kuraisi and Supan Kuraisi being kidnapped and subsequently killed. Learned Counsel further submits that the only evidence that has come is that the petitioner was the member of a mob and as such since the petitioner has remained in custody for two years, he may be granted bail. Considering the allegations and the period of custody, the above named petitioner is directed to be released on bail in Konch Police Station Case No. 07 of 2002 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the following conditions. (i) The petitioner will remain physically present before the Court below on each and every date fixed in the case as and when required by the Court below and his absence even for a single day without any explanation to the satisfaction of the court below will result into cancellation of his bail bonds. (ii) If there is any change in the address, the petitioner will appear before the Konch Police 3 Station and inform about his present address. (iii) If the petitioner is made accused in any other criminal case, it will be presumed that he has misused the privilege of bail and accordingly his bail bonds would be cancelled. Anand ( Sheema Ali Khan, J. )