IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16337 of 2011 UPENDRA SINGH SON OF KRISHNA SINGH, RESIDENT OF VILLAGE JAIPUR, P.S. SHERGHATI, DISTT. GAYA. Versus THE STATE OF BIHAR ----------- 3. 13.6.2011. Heard Shri Dhirendra Kumar Sinha, learned counsel for the petitioner and Shri Subhash Chandra Mishra, learned Additional Public Prosecutor. The petitioner, who is in custody in Magadh University P.S. Case No.16 of 2010 for the offence under Sections 147, 148, 149, 302 and 379 of the Indian penal Code, has prayed for grant of bail. Shri Dhirendra Kumar Sinha, learned counsel for the petitioner, while pressing the bail petition, submits that in the F.I.R. itself, there is specific allegation against accused Naresh Yadav, Bibod Yadav and Karu Yadav in respect of firing on deceased Ashok Kumar. The F.I.R. was lodged against seven named accused persons. The petitioner was not named in the F.I.R. nor any witness has identified him. Only material against the petitioner is that his name transpired on confession of the co- accused. 2 In view of the facts and circumstances, let the petitioner above named be enlarged on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Gaya in Magadh University P.S. Case No.16 of 2010 with condition that during the trial, the petitioner shall remain physically present on each and every date, failing which his bail bond shall stand automatically cancelled. However, in special exigency with prior permission of the trial court, he may remain absent on a particular date. N.H./ ( Rakesh Kumar,J.)