IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40942 of 2009 GOPAL KUMAR @ GOPAL SINGH @ GOPAL KUMAR SINGH Son of Umesh Singh, resident of village Bihat Tola Gurudaspur, P.S.Zero Mile,Barauni, Dist. Begusarai …..Petitoner. Versus STATE OF BIHAR ----------- 2 30.11.2009 Heard learned counsel for the petitioner and the State. Petitioner is accused in Barauni (Zero Mile) P.S. case no. 129 of 2009, instituted for the offence under sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The submission is that the occurrence took place in the dead night when the deceased went out to urinate he was shot dead by unknown persons who were seen fleeing away even by the petitioner who is the uncle of the deceased and thereafter the deceased was taken to the hospital with the rest of the family members. Twenty days later the wife of the deceased gave an eye witness account under section 164 Cr.P.,C. stating therein that it was the petitioner who had fired on the deceased. The submission is that it is wholly unbelievable since she could not be an eye witness of the occurrence which took place in the dead of the night when the deceased had gone to urinate out side the house. There is admitted land dispute between the parties. Taking into consideration the above mentioned submission let the above named petitioner be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of like amount each to the satisfaction of C.J.M, Begusarai in the above noted case subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the - 2 - petitioner, (ii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. And (iii) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. (Anjana Prakash, J) M.Rahman