IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37909 of 2009 PANKAJ KUMAR @ PANKAJ JAISWAL, SON OF LATE SHANKAR JAISWAL, RESIDENT OF VILLAGE-RAJGHAT, P.S. BARHARA (RAGHUWANSNAGAR), DISTRICT- PURNEA………………………………………….PETITIONER. Versus THE STATE OF BIHAR…………………OPPOSITE PARTY. --------- For the Petitioner : Mr. Ramesh Kumar Singh, Advocate. For the State : Mr. Bhanu Pratap Singh, A.P.P. ------- 3. 15.12.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 384/386 and 307 of the Indian Penal Code besides Sections 25(1-b)a/26/27 and 35 of the Arms Act. It has been submitted on behalf of the petitioner that as per the prosecution case, though the petitioner was apprehended on the spot but nothing has been recovered from his possession. There is allegation of firing upon co- accused Pramod Yadav. There is recovery of firm arm and three live cartridges from the possession of co-accused Pramod Yadav. Three live cartridges were recovered from - 2 - the possession of co-accused, Ranjeet Mandal. It has also been submitted that the antecedent of the petitioner is clean. It is stated that the petitioner has been made accused in this case due to village politics which is apparent from the First Information Report itself, wherein it has been stated that another person Anil Mahto came in support of the petitioner and assaulted the informant and his son. The petitioner is stated to be in custody since 18.9.2009, i.e., from the date of occurrence. Learned counsel for the petitioner further submitted that the petitioner is suffering from serious ailment and is being treated in Indira Gandhi Institute of Medical Sciences through the Jail Authority. One of his kidneys has already been found non-functional. Having regard to the facts and the circumstances of the case, the petitioner, Pankaj Kumar @ Pankaj Jaiswal, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Barhara Police Station Case No.118 of 2009, with a further condition that one of the bailors of the petitioner must be the close relative - 3 - or his family member, who will file affidavit before the court below giving full genealogy showing his relationship with the petitioner. Further, after his release, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned will be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)