IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9093 of 2011 Nagdeo Singh @ Nagdeo Yadav, Son of Late Sheo Singh @ Seho Yadav, resident of village Jamuhar, P.S. Dehri, District Rohtas. ---------- Petitioner Versus The State Of Bihar. -------- Opposite Party ----------- 03/- 29/08/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 328, 302/34 of the Indian Penal Code, is one of the named accused in this case with allegation that due to previous enmity he is instrumental in death by poisoning of son of the informant. Submission is that except suspicion, there is absolute nothing against the petitioner. Learned Additional Public Prosecutor on basis of paragraph no 26 of the case diary submits that there is an oral dying declaration of the deceased before the police officials, no doubt in complete and evasive, but he simply disclosed the name “Nagdev”. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of the charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (T) P.S. Case No. 940 of 2010, 2 subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)