IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26392 of 2009 JANARDAN SINGH Son of Bhikhan Singh resident of Village- Khalisha, P.S.- Udwantnagar, District- Bhojpur ----------------Petitioner Versus STATE OF BIHAR --------------Opposite Party ----------- 2. 26.8.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code It has been submitted that vide Annexure-2 a F.I.R. was instituted by one Laksham Prasad Bhadani wherein he stated that while the dacoity was in progress a police party arrived and in course of chasing away the dacoits fired at them which unfortunately hit the deceased Birendra Sao. Thereafter, the present First Information Report was instituted vide Annexure-1 by the brother of Birendra Sao i.e., Vimal Kumar saying that a deliberate firing has caused the death of his brother. However, there is no specific overt act against the petitioner who was a member of the police party, I am inclined to grant bail to the above named petitioner who is in custody since 12.5.2009 be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case - 2 - No. 152/2006 subject to the conditions (i) that since the petitioner is a serving police officer, he will periodically give his present address before the Court concerned and (ii) that the petitioner will give an undertaking that he will receive the police paper on the given date and will not delay the trial. P. Kumar (Anjana Prakash, J.)