IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28661 of 2008 ASHOK KUMAR Versus STATE OF BIHAR ----------- 2. 18.7.2008 Heard. The merit of the case has not been touched upon by the learned counsel for the petitioner and his only plea is that the petitioner is in custody since 19.1.2007 and the case has been registered for offence under sections 420, 467, 468, 471, 120B and 471 of the Indian Penal Code which could be tried by a Magistrate of the 1st Class who could direct sentence maximum of three years. The contention further is that petitioner has remained in custody for over one and half year. The Court has indicated the glaring facts of the case and other circumstances in which petitioner’s prayer for regular bail was dismissed by order dated 21.8.2007 passed in Miscellaneous petition no.15963 of 2007 but considering the fact, petitioner has remained in custody for over a year and that only charges have been framed against the petitioner during these last about 18 months or so, let petitioner, namely, Ashok Kumar , 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 R.R. Mishra, J.M., Ist Class, Sitamarhi, in connection with Riga P.S. case no.27 of 2006 arising out of G.R. case no.373 of 2006 with the following conditions :- 1) Any attempt to win over the witness or to intimidating any of them could be enough for - 2 - the court below on being satisfied about the allegation in that behalf, to cancel the bond or take steps for remanding him to custody. 2) Petitioner shall be present on all dates fixed by the court below without fail during trial. If petitioner remains absent on any date without proper reason, harsh measures will be taken against him. 3) The court below may fix the class of sureties by taking into account the circumstances of the case itself and if court finds that the petitioner may not be be able in furnishing that class of sureties, the court may consider the plea reasonably. sudip ( Dhrnidhar Jha, J )