IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46715 of 2008 MANOJ KUMAR Versus STATE OF BIHAR For the Petitioner :Mr.Anjani Kumar For the State :Mr.S.R.Haque, APP ----------- 3. 28.01.2009 Heard both sides. The petitioner has renewed his prayer for grant of bail in a case instituted under sections 302,201 and 34 IPC. His earlier application for bail was considered and rejected under order dated 6.5.2008. Penultimate paragraph of the said order reads thus: “It appears that for the alleged crime a case was lodged on 22.05.2006. Warrant of arrest was issued on 12.12.2006 and the petitioner surrendered in this case only on 11.09.2007 when the processes under sections 82/83 Cr.P.C. were executed on 30.08.2007.” Counsel for the petitioner submits that only one aspect which led to filing of the FIR is/was that the deceased was last seen with the petitioner. Referring to the post-mortem report and the viscera report, it has been submitted that these reports do prima facie indicate that the deceased had no external injury and nothing objectionable was found on the analysis of the viscera. It has further been submitted that considering the fact that he had surrendered at a later stage of the case, the prayer for bail was refused. Having considered the submissions and keeping in view the fact that the allegation against the petitioner is only that he was last seen with the deceased and that he has remained in custody since - 2 - 11.09.2007, this Court is now inclined to admit him to bail. Let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction 1st Addl. Sessions Judge, Nalanda at Bihar Sharif in S.T.No.99 of 2008 arising out of Bihar P.S.Case No.144 of 2006, subject to the condition that one of the bailors shall his own/close family member and that the petitioner shall appear in person on each date before the trial court and in case of default on two consecutive dates, the trial court shall be at liberty to cancel his bail bonds and ensure his arrest in accordance with law. hr ( Kishore K. Mandal )