IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30579 of 2010 JAI RAY, son of Lakhraj Ray, resident of village – Sarpgadha, P.S. – Chiraiya, District – East Champaran. ----- Petitioner. Versus THE STATE OF BIHAR ---- Opposite Party. ***** 02. 08.11.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case with only allegation of being present at the spot as a member of unlawful assembly out of whom one non-petitioner carries specific allegation of shooting dead of son of the informant. Under similarly situated circumstance, one Binod Rai, granted privilege of bail by this Hon’ble court vide order dated 09.11.2009 passed in Cr. Misc. No. 23153/2009. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Jai Ray, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial - 2 - Magistrate, Sikarahana at Motihari, in connection with Chiraiya P.S. Case No. 156 of 2008, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)