IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10574 of 2009 AJGAIBI SHARMA Versus STATE OF BIHAR ----------- 2 9.7.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 19.2.2008 in connection with Konch P.S. Case No. 74 of 2003 under several sections of Indian Penal Code including 307 and 302 read with section 27 of the Arms Act as well as section 17 of the C.L.A. Act. Contention of the petitioner is that he is not named in the F.I.R. and only on the basis of the subsequent statement the petitioner has been made an accused and remanded to judicial custody. It is also urged that even large number of other accused who are named in the FIR have been enlarged on bail by this Court by several orders, some of them have been indicated in the application itself and in this view of the matter the petitioner should be enlarged on bail. On perusal of the allegation alleged in the FIR as well as some of the orders which came to be passed in relation to other co-accused the contention of the petitioner to that extent seems to be correct. In view of above, let the petitioner, namely, Ajgaibi Sharma be enlarged on bail on furnishing bail bond of Rs. 20,000/-(Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge FTC - 2 - 1st Gaya in connection with Sessions Trial No. 33/440 of 2008 arising out of Konch P.S. Case No. 74 of 2003. One of the sureties will be executed by Ajay Singh, so called brother-in-law of the petitioner and sworn affidavit on behalf of the petitioner on due identification by the court below. RPS (Ajay Kumar Tripathi,J.)