IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23477 of 2009 KAMLESH KUMAR SINGH @ CHAMAN JEE Versus STATE OF BIHAR ----------- 02 15.09.2009 Heard both sides. Sole petitioner has approached this court seeking anticipatory bail in a case which was initially instituted under Section 307 of the Penal Code sometimes in the year 2000. The injured succumbed to injuries and 302 of the Penal Code was added. The informant is A.S.I. On completing investigation, charge-sheet was submitted in August 2003 only against one person. Against rest of the accused persons the same was kept open. It appears subsequently the court below under order dated 29.07.2008 has taken cognizance against few other accused persons including the petitioner. It is next contended that other accused persons whose case stand on identical footings have since been granted the privilege of anticipatory bail by this court under different orders. He referred to several orders passed by this court which is/are on record as annexure-9 series. Learned APP appearing on behalf of the State, looking to the records, does not dispute the aforesaid submission made on behalf of the petitioner. He, however, states that charge sheet has already been submitted in this case against the petitioner and cognizance has already been taken. 2 This court, having regard to the fact that some of the accused persons, similarly placed, have been privileged with anticipatory bail, is persuaded to extend the same privilege to the petitioner. Let petitioner, above named, in the event of arrest or surrender before the court below within a period of 04 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Samastipur in connection with Town P.S.Case no. 130 of 2000, subject to the condition that no sooner the charges are framed in the case, the petitioner shall appear in the court below as and when called upon. In case of default in such appearance, the court below may consider cancellation of bail and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)