IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5204 of 2010 SANOJ KUMAR @ TENI son of Raj Kumar Pandit, resident of village- Sampatchak Hander, P.S.-Gaurichak, Dist.-Patna Versus STATE OF BIHAR ----------- 2. 26.2.2010. Heard Mr.Dhirnedra Kumar Sinha learned counsel for the petitioner, Mr.Uma Shankar Prasad Singh, learned APP for the State. The petitioner is in custody in connection with Ramkrishna Nagar P.S. Case No.51 of 2008 corresponding to Sessions Trial No.201 of 2009 registered for the offences under section 302 and other allied sections of the Indian Penal Code, section 27 of the Arms Act and section ¾ of the Explosive Substance Act. Learned counsel for the petitioner while pressing the bail petition submits that the petitioner was not named in the first information report and is in custody since 17.10.2008. However, during investigation one co-accused Dina Nath Kumar was arrested and he in his confession before the police named the petitioner and one Dinesh Kumar Sahni as co-accused and on that basis the petitioner and Dinesh Kumar Sahni were also taken into custody. Learned counsel while referring annexure-2 of the petition which is order dated 21.4.2009 passed in Cr.Misc. No.5698 of 2009, submits that the accused on whose confession this petitioner was made accused has already been granted bail. Learned counsel further submits that co-accused Dinesh Kumar Sahni has also been granted bail by this court vide order dated 2 5.5.2009 passed in Cr.Misc. No.6630 of 2009(annexure-3). Learned counsel for the State while opposing the prayer for bail submits that in this case trial has already been commenced and, as such, it is not desirable to enlarge the petitioner on bail, otherwise it will hamper the trial. Be that as it may, since the co-accused on whose confession this petitioner has been made accused, has already been granted bail, there is no use to further detain the petitioner in the present case and, as such, the petitioner is entitled to be enlarged on bail. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-X, Patna in connection with S. Tr. No.201 of 2009 arising out of Krishna Nagar P.S. Case No.51 of 2008. Since the trial is going on it is necessary to direct the petitioner to remain present before the court below on each and every date failing which his bail bond shall stand automatically cancelled. However, if due to any exigency, it is felt that the petitioner may not appear on a particular date then prior permission will have to be taken from the court concerned. Md.S. ( Rakesh Kumar, J.)