IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28563 of 2010 Bimal Pathak, Son of Late Ramotar Pathak, resident of Village-Jagir, P.S. Haveli Kharagpur, District-Munger ----------- Petitioner Versus STATE OF BIHAR ----------- 05 06-12-2010 Heard Sri Pankaj Kumar Sinha, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Addl. Public Prosecutor appearing on behalf of the State. The petitioner, who is in custody in connection with Jamalpur Rail P.S. Case No.24 of 2008 registered for the offences under Sections 302 and 307/34 of the Indian Penal Code and 27 of the Arms Act, has prayed for grant of bail. The accusation against the petitioner is that he intercepted the motorcycle of the informant and one another Pappu Mandal and thereafter other two accused persons opened fire .Subsequently Pappu Mandal died. It has been submitted by learned counsel for the petitioner that the deceased was a veteran criminal and the petitioner has been made accused without any basis. Learned counsel for the petitioner has also submitted that the deceased was at least accused in two cases i.e. Kharagpur P.s. Case No.119 of 1999 and Lakhisarai P.S. Case No.314 of 2005. In this case, antecedent report of the petitioner was also called for, which shows that no case was pending against the petitioner. Keeping in view the fact that there is no specific 2 allegation of any overt act against the petitioner, let the petitioner named above be released on bail on furnishing bail bond of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate,1st Class, Kiul in connection with Jamalpur Rail P.S. Case No.24 of 2008. NKS/- ( Rakesh Kumar, J.)