IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12725 of 2009 Chhathu Mali @ Chhathu Bhagat, Son of Keshwar Bhagat, resident of village- Chainpur, P.S.-Bhagwanganj (Masaurhi), District-Patna. -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 25.05.2009 The petitioner is in custody since 02.11.2007 in relation to Masaurhi Police Station Case No. 63 of 1996 instituted under Section 302 and other Sections of the Indian Penal Code and Explosive Substance Act. It is alleged that on 07.05.1996 some miscreants tried to blow up a Police convoy because of which explosion three constables died and several other were injured. The F.I.R. is against unknown. During course of investigation petitioner’s name came into light. Petitioner was then in custody in another case since 2005, he was then remanded in the present case in 2007, as noted above. Petitioner’s earlier bail application was dismissed for want of prosecution by order dated 14.11.2008 in Cr. Misc. No. 37321 of 2008. It is submitted that similarly accused persons in this case have been granted bail by the Lower Court itself, even though petitioner has been in custody for nearly two years. There is no progress in the trial. Petitioner did not surrender in the case earlier, because he was not aware of the case, which is evident from the fact that though petitioner was in custody in another case since 2005 and he was not remanded in present case till 2007. - 2 - In the facts and circumstances of the case, let the petitioner, Chhathu Mali @ Chhathu Bhagat be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Vth Additional Sessions Judge, Patna in connection with Masaurhi Police Station Case No. 63 of 1996, subject to the condition that father of the petitioner, namely, Keshwar Bhagat would be one of the sureties. Trivedi/ (Navaniti Prasad Singh, J.)