IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22186 of 2009 SHIVA SHANKAR SAW, son of Late Mahadeo Saw, resident of village- Dalpatti, pasia Gali, P.S. Lakhisarai, District- Lakhisarai ……….. Petitioner Versus THE STATE OF BIHAR …………… Opp.Party ----------- 4. 20/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 364(A) of the Indian Penal Code. Petitioner has been named by co-accused in his confessional statement. However, it is submitted that in the confessional statement also no role has been assigned to the petitioner except that the co- accused had given a telephonic call to the petitioner. Case diary also does not show any material against petitioner to further implicate him in the crime. Petitioner is in custody since 5.5.2009 and it is said that he has no criminal antecedents. Considering the above facts and circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to - 2 - the satisfaction of Chief Judicial Magistrate, Lakhisarai in Lakhisarai P.S.Case No.351 of 2008 with conditions as laid down in Sub- Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)