IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7931 of 2010 BHOLA SINGH, SON OF LOHA SINGH, RESIDENT OF VILLAGE-CHAMATHA NAMBER BANDHPER, P.S. BACHHAWARA, DISTRICT-BEGUSARAI………PETITIONER. Versus THE STATE OF BIHAR……………………..OPPOSITE PARTY. ----------- For the Petitioner : Mr. Kumar Sunil, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ----------- 2. 15.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 307, 341, 323, 324/34 of the Indian Penal Code besides Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that the allegation against the petitioner is that he alongwith other accused persons had assaulted the informant by lathi, however, there is direct allegation against the co-accused, Hardiya Bind, of resorting to firing upon the informant injuring him. It has also been submitted that it is apparent from the injury report that there are two injuries, which are related with the fire arms, however, one injury, which is bruise upon the thigh, is stated to 2 have been caused by hard and blunt substance. However, that injury was not upon any vital part. Even the allegation of assault by lathi is not specific upon the petitioner rather there is general and omnibus allegation against the 5-7 persons. The petitioner, who is rickshaw puller, had remained outside the State and as such did not have any knowledge of this case as he has been falsely implicated and thus, he could not surrender earlier, however, when he came back to his village he had been arrested on 8.4.2009. Learned A.P.P for the State submitted that the petitioner had remained absconder for several years, however, the allegation upon the petitioner alongwith other 5-7 persons is of assaulting the informant by lathi and there is only one injury upon the thigh of the informant, which is suggestive of injury caused by hard and blunt substance. Having regard to the facts and the circumstances of the case, the petitioner, Bhola Singh, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Prem Kumar Prasad, Additional District Judge, F.T.C.-1, Begusarai, in connection with Bachhawara P.S. Case No.74/97, S.Tr. No.921/2009, with a further condition that 3 one of the bailors of the petitioner must be one of his parents. Further, the petitioner shall remain present in the court below on each and every date during the course of the trial. If the petitioner remains absent on two consecutive dates during the course of the trial without any reasonable cause shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan, J)