IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6639 of 2010 CHITRANJAN THAKUR, S/o Chaturdeo Thakur. Versus THE STATE OF BIHAR ----------- 04. 21.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 and 120B of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that there is no eye- witness to the occurrence and later on during investigation the petitioner’s name was disclosed by some witnesses as being involved in the present occurrence. However, the petitioner is in custody since 29.12.2006 and from the report of the trial court it appears that even the charge was framed on 04.12.2007 itself and no witnesses despite summons, bailable warrants and non-bailable warrants of arrest have appeared for deposing before the trial court. In view of such, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional 2 Sessions Judge, F.T.C.-I, East Champaran at Motihari in connection with S.Tr. No. 931 of 2007 arising out of Pakari Deyal P.S. Case No. 13 of 2001 subject to the following 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 petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. The trial court will not hold up the trial for non-production of the petitioner from the Hajipur Jail since it is not a requirement of law that the accused be personally present on all dates. It is sufficient if the accused has represented under Section 317 Cr.P.C. which the trial court will ensure. Vikash/- (Anjana Prakash, J.)