IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35975 of 2008 KAILASH MAHTO @ KAILASH PRASAD,SON OF LATE MOHAN MAHTO, RESIDENT OF VILLAGE GOWASA SHEKHPURA, P.O. GOWASA SHEKHPURA, P.S. PANDARAK, DISTRICT - PATNA Versus STATE OF BIHAR ----------- 02 30.09.2008 Heard counsel for the parties. Petitioner is in custody with regard to Pandarak P S Case No. 87 of 2003. Contention on behalf of the petitioner is that a final form was initially submitted by the police in the case but based on the evidence which has come during the trial of two material witnesses; the role of the petitioner has also emerged in the crime of murder. It is in this background that he has had to surrender in the case. It is also stated that the petitioner is an Adeshpal working in the Postal Department and he is willing to participate in the trial on a regular basis and shall not abscond from law. Keeping the above facts in mind let the petitioner Kailash Mahto alias Kailash Prasad be enlarged on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III, Barh (District-Patna) in Sessions Trial No. 898 of 2005 arising out of Pandarak P S Case No. 87 of 2003 with a further direction that petitioner shall appear in person or through his counsel on every date fixed by the trial court. Any breach in this regard will entitle the trial court in cancelling the bail of the petitioner. rkp (Ajay Kumar Tripathi, J) - 2 -