IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25709 of 2008 UPENDRA GOPE Versus STATE OF BIHAR ----------- 3. 11.7.2008. Heard the counsel for the petitioner and counsel appearing on behalf of the informant and the State. The petitioner’s bail application under Sections 364,302 and 120(B) of the Indian Penal Code was rejected on 21.8.2007 with an observation that the petitioner has remained in custody for a very short time that is from 29.10.2006. During the investigation, two persons have said that they had seen this petitioner and three others alongwith a young boy on 27.10.2006. At that stage witnesses had not identified the boy who had accompanied the petitioner. Learned counsel for the informant submits that the trial has commenced and four witnesses have been examined. Amongst two, one Laxami Mahato has also been examined in the case diary. It is the contention of the informant that Laxami Mahato has stated that he had identified the boy and others on 27.10.2006 at about 8.00 P.M. Learned counsel for the petitioner submits that there is enmity of the petitioner with Laxami Mahato and if the evidence of the witnesses are to be believed, the only material that has come against him is that of “being last seen with the deceased.” It is further submitted that in fact had Laxami Mahato seen the deceased with the petitioner, he would have informed the father of the deceased on the next day when the father searching for his son. - 2 - It is lastly submitted that the petitioner has remained in custody for about 22 months. Considering the aforesaid fact, the petitioner Upendra Gope 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 Additional District and Sessions Judge, Ist, Patna in connection with Khajekala (Mehndiganj) P. S. Case No. 187 of 2006 arising out of Sessions Trial Case No. 789 of 2007 with the condition that the petitioner must appear in court below during the trial on each and every date as and when required by the court below and if he is absent even on a single date without any proper cause, his bail bond shall stand cancelled, the photographs of the bailors should be affixed to the bail bond and the address of the bailors should be mentioned in the bail bond. U.K. (Sheema Ali Khan,J)