IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8039 of 2010 MIRJAY MAHTON @ MIRJAY MAHTO, SON OF LATE RAJU MAHTO, RESIDENT OF VILLAGE-SHANKARPUR, BIND TOLA, P.S. NATHNAGAR, DISTRICT-BHAGALPUR. …………………………………………………..PETITIONER. Versus THE STATE OF BIHAR………………..OPPOSITE PARTY. ---------- For the Petitioner : Mr. Krishna Mohan, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. ------- 3. 5.4.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 302 and 201/34 of the Indian Penal Code besides Section 27 of the Arms Act, however, Charge sheet has been submitted in this case under Section 364/34 of the Indian Penal Code also apart from the aforesaid sections. It has been submitted on behalf of the petitioner that the allegation of kidnapping and murder is against the co-accused, Jari Mahto @ Mahendra Mahton and Rajji Mahton @ Rajendra Mahton, however, it is alleged against the petitioner that he was instrumental in helping the accused persons in disposal of the dead body. The aforesaid two co-accused, Jari Mahto @ Mahendra Mahton and Rajji Mahton @ Rajendra Mahton, had already been granted bail - 2 - by a Bench of this Court vide orders as contained in Annexures-‘2’ and ‘3’ to the application. The petitioner is stated to be in custody since 29.10.2009. Having regard to the facts and the circumstances of the case, the petitioner, Mirjay Mahton @ Mirjay Mahto, 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 the C.J.M., Bhagalpur, in connection with Nathnagar P.S. Case No.278 of 2008, with a further condition that the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial in the court below without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)