IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48804 of 2008 SUNIL KAHAR S/O LATE MALKHORI KAHAR @ HALKHORI, RAM R/O VILL. RASALPUR, PS. DHANARUA, DIST. PATNA -------- PETITIONER Versus STATE OF BIHAR ------- OPP. PARTY. ----------- For the Petitioner: Mr. Gajanan Mishra.Advocate. 06. 22.04.2009 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. The sole petitioner seeks bail in a case instituted under Sections 302 and 201 of the Penal Code. Earlier his application for grant of bail was rejected by this court under order dated 07.03.2008, (annexure-1). The concluding portion of the said order reads thus: “Considering the allegation, I am not inclined to release the petitioner on bail. This application stands dismissed for the present.” A status report was called for from the court below which has been sent to and received in this court and is placed at Flag-„B‟. A perusal of the report indicates that the matter is pending for appearance of some of the accused of the present case. The case has not even been committed to the court of Sessions. Learned counsel for the petitioner submits that he is in custody since 16.04.2007. The allegation against the petitioner is that he was last seen with the deceased. 2 In the facts and circumstances of the case, above named petitioner is directed to 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 Sub Divisional Judicial Magistrate, Masaurhi, in connection with Dhanarua P.S.Case No. 147 of 1994, subject to the condition that one of the bailors should be the own/close family member of the petitioner. The same shall also be subject to the following conditions: (i) The petitioner shall appear, in person, on the date fixed, at the trial. In case of default on two consecutive dates, the trial court shall have liberty to cancel his bail bond and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)