IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32625 of 2009 SABIR ALI @ MD.SABIR, son of Ali Hussain, resident of village Orma, P.S. Siwan(M), District Siwan Versus STATE OF BIHAR ----------- 3. 5.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is an accused for offence u/ss 302/34 and 120B of the Indian Penal Code as well as section 27 of the Arms Act. The involvement of the petitioner in this case wherein he has been named in the F.I.R. is only on the basis of suspicion of the informant that it was Dablu Khan who had initially taken the deceased from his house and later on the petitioner and four others including Dablu Khan had shot him dead at some place and had thrown the dead body in the field adjacent to the house of the informant. The complicity of Dablu Khan may or may not be there, inasmuch as from the case diary it is apparent that Dablu Khan is a man of chequred past and having at least ten criminal cases pending against him but then so far the petitioner is concerned it has come in the case diary that he has no 2 criminal antecedent and thus, taking aforementioned aspects into consideration including omnibus allegation with no specific overt act alleged against the petitioner, this Court would find him entitled for being released on bail. That being so, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Hussainganj P.S.Case No. 101/2008, in which one of the bailers must be either of the parents or wife or son of the petitioner. It goes without saying that the petitioner shall remain present in course of trial and his failure to do so on two consecutive dates will make him liable for cancellation of his bail by the trial court. (Mihir Kumar Jha,J.) Surendra/