IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33442 of 2011 Ajay Kumar, Son of Sri Ramadhar Singh Yadav, R/o Village Rani, P.S. Pawna, District Bhojpur. At present residing at Mohallah Bihari Mill, P.S. Ara Nawada, District Bhojpur (Bihar). -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 04/- 09/12/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 61 dated 09/08/2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act, is solitary named accused in this case along with two unknown but on mere suspicion due to earlier threats being given in a petty family dispute. Submission is that there is absolutely none to see involvement of the petitioner in any way in killing of his own younger brother (the deceased) though three persons just after hearing the sounds of firing could see three persons fleeing from nearby the place of occurrence, but there is absolutely nothing against the petitioner. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Nawada P.S. Case No. 232 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till conclusion of the investigation/submission of charge-sheet and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)