IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19781 of 2010 DILIP MISTRY Versus STATE OF BIHAR ----------- 3. 16.6.2010. Heard learned counsel appearing on behalf of the petitioner, the informant and the State. Petitioner is an accused in a case arising from Akbarpur P.S.Case No.81 of 1999 for the offence punishable under Sections 302/34 of the Indian penal Code and section 27 of the Arms Act. Learned counsel for the petitioner, with reference to the statements made in the first information report, submits that although the petitioner is known to the informant, as there is long standing civil dispute going between the parties but the name of the petitioner was not given by the informant at the stage of the institution of the case which was instituted against unknown. It is submitted that the petitioner has been implicated as an afterthought during the course of the re- statement of the informant. He thus submits that the petitioner has been wrongfully involved in the criminal case by reason of pending civil litigations. He further submits that there is a delay of 13 days in institution of the case. Learned counsel for the informant opposing the prayer for bail submits that as the informant 2 was involved in the treatment of his son, some delay has been caused in instituting the case. He further submits that in the re-statement given by the informant in the course of investigation, he has categorically set out the role of this petitioner in shooting his son. He thus submits that the petitioner is not entitled for consideration of the prayer for bail. Taking into consideration the submissions of the learned counsel(s) and the fact that there is long standing civil dispute between the parties; the name of the present petitioner does not find mention in the first information report and there is also a delay of 13 days in institution of the first information report, let the petitioner Dilip Mistry 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 the Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S.Case No.81 of 1999, subject to condition that the petitioner would be attending the court below on each and every date fixed in the case and failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, 3 would confer liberty to the court concerned to initiate proceedings for cancellation of his bail bond and for taking him in to custody. ahk (Jyoti Saran, J.)