IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11338 of 2010 MAHESHWAR RAI Versus STATE OF BIHAR ----------- 3 20.4.2011 Heard learned counsel for the petitioner and learned APP for the State. Vide order dated 17.8.2009 bail was granted to two other persons namely, Ashok Rai and Ganeshi Rai but claim of the petitioner was rejected as there was allegation that he had given Farsa blow on the head of Ram Prit Rai. Case diary has been called for along with the injury report. The material does not indicate in clear term the kind of injury which has been caused. Petitioner is in custody since 17.11.2008. That being the position and taking into consideration the period the petitioner spent in custody, let the petitioner, namely, Maheshwar Rai be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, FTC-III, Samastipur in connection with Sessions Trial No. 468 of 2009 arising out of Musrigharari P.S. Case No. 142 of 2008. One of the sureties will be executed by a close blood relation on the basis of affidavit indicating the relation which will be duly verified by the court below and other by a close relation as such. Learned counsel for the informant informed the - 2 - Court that the trial has begun and five witnesses have already been examined. If that be so it is made clear that the petitioner will appear on each and every date fixed in the trial and shall neither interfere with the trial and the course of justice. If any allegation of the kind comes during the trial the benefit of bail granted to him may be taken away unless he is entitled to exemption under the Code of Criminal Procedure. RPS (Ajay Kumar Tripathi,J.)