IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19866 of 2010 SUDHAN MAHTO @ SUDAN MAHTO @ SUDAN KUMAR @ Niwas Kr. S/o Sri Jagdish Mahto R/o Village- Chhidi Jagatpur, P.S.- Harnaut (Telmar) Distrit- Nalanda ………… Petitioner Versus The State Of Bihar …………………….. O.P. ----------- For the Petitioner : Mr. Birendra Kumar Advocate. For the State : Mr. Narsing Tanti, A.P.P. 2. 23.06.2010 Heard the Parties. The petitioner apprehends his arrest in a case instituted under Section 302, 307/34 of the Indian Penal Code as also under Section 27 of the Arms Act. According to prosecution case co-accused Jagdish Mahto is specifically alleged to have fired upon the Chest of the deceased, as a result of which he is said to have died. The petitioner is also alleged to have assaulted by Lathi. Learned counsel for the petitioner submits that postmortem report vide Annexure-2, does not support the prosecution allegation against the petitioner, as the death was caused because of injury caused by fire arm. By referring to Annexure-3, the final form, it is further submitted that on close of investigation the petitioner was not sent up for trial, though chargesheet was submitted against the other accused. From perusal of the final form, Annexure-3, it appears that the petitioner was aged about eight years only at the time of submission of final form. Be that as it may, in the facts and circumstances of the case particularly in view of the fact that petitioner is said to be minor 2 boy hardly aged about eight years and he having not been charge sheeted by the police, in the event of arrest/surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail-bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st class, Hilsa, Nalanda in connection with Chandi P.S. Case No. 69 of 2003, subject to the condition laid down under Section 438(2) Cr.P.C. and subject to further conditions-: (a) That one of the bailors must be Govt. Servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Praveen (Birendra Prasad Verma, J.)