Patna High Court Cr.Misc. No.32844 of 2011 (2) dt.28-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32844 of 2011 ====================================================== Mukesh Singh @ Mukesh Kumar Singh son of Late Laddu Singh, Resident of Village – Shankarbar Tola, Mokama, Police Station – Mokama, District – Patna .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 28-09-2011 Heard learned counsel for the petitioner. No one appears on behalf of the State. Petitioner had earlier moved for bail vide Cr. Misc. No. 14410 of 2010 which was rejected by order dated 25th of January 2011. The offence alleged is under Sections 379, 307, 302/34 of the Indian Penal Code and under Section 27 of the Arms Act. It is submitted that out of four accused persons, three have been acquitted vide Sessions Trial No. 448 of 2003 in the court of IInd Additional Sessions Judge, Muzuffarpur. It is further submitted that trial of the petitioner was bifurcated, as he was allegedly absconding. As a matter of fact, he was not absconding since he was in custody in another case and he has been produced before the trial court in the month of April 2009. It is stated and submitted that charges have yet not been framed against the petitioner even though there is no fault on his part as stated in paragraph – 14 of the petition. It is further submitted that petitioner was neither arrested on the spot nor he was identified in the Test Identification Parade Patna High Court Cr.Misc. No.32844 of 2011 (2) dt.28-09-2011 either by the informant or by any person, however, petitioner shall cooperate for the early conclusion of the trial presenting in person on each and every date in the case except for cogent reason with the permission of the court. Considering the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, FTC No. 2, Muzuffarpur in connection with Ahiyapur P.S. Case No. 33 of 1997 subject to the condition that one of the surety would be the wife of the petitioner identified by the deponent of this petition namely, Awadh Kishore Singh. Jagdish/- (Shailesh Kumar Sinha, J)