IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27995 of 2010 DABLU MISHRA Versus STATE OF BIHAR ----------- 4 30-11-2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is not named in the F.I.R. and for the first time his name transpired in the supervision note of Dy.S.P. which is evident from perusal of para-129 of the case diary. Furthermore, one witness has claimed to have seen the petitioner making firing. On the deceased but aforesaid statement of the witness has been recorded after one year of the alleged occurrence. Furthermore, I find that F.I.R. named accused Chandra Shekhar Pandey and some others have already been granted bail by a bench of this Court. No doubt, there is some criminal history against the petitioner but only on the basis of aforesaid criminal history, petitioner cannot be detained in judicial custody. So far as position of 2 trial is concerned, as per report of VIth Additional Sessions Judge, it is obvious that up till now charge has not been framed against the petitioner as well as co-accused. In the aforesaid facts and circumstances petitioner, namely, Dablu Mishra, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Rohtas, in S.T. No.289 of 2009 arising out of Nashriganj (Rajpur) P.S. Case No.77 of 2003, subject to condition that petitioner shall appear and attend the Trial court in person on each and every date for the period of six months and if he makes himself absent from the trial without having any valid reasons during the above stated period, the learned Trial Court shall be at liberty to cancel the bail bond of the petitioner. PN ( Hemant Kumar Srivastava,J.)