IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4810 of 2010 BISHWANATH MAHTO, S/O Late Sita Mahto, R/O Village- Satwariya, P.S. Sikarpur, Distt- West Champaran (Bihar). ……Petitioner. Versus STATE OF BIHAR ----------- 4 23.03.2011 Petitioner is in custody since 24.03.2009 when Chanpatiya (Sirisiya O.P.) P.S. Case No. 170 of 2008 was instituted under several Sections of the I.P.C including 307, 302 and Section 27 of the Arms Act. Submission of learned counsel is that though the petitioner was named in the F.I.R. but he and has been shown to be part of the mob. He is not the main person who had participated in the actual death of the deceased. No doubt the Court in its earlier order had rejected his prayer for bail, taking several facts into consideration including that the petitioner had provoked others to commit the crime but since then two years have passed and the trial has not proceeded much. Further keeping the age of the petitioner, let Bishwanath Mahto, be enlarged on bail on furnishing bail bond of Rs. 20,000/- with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah in connection - 2 - with Chanpatiya (Sirisiya O.P.) P.S. Case No. 170 of 2008. One surety will be executed by Binay Kumar stated to be the son of petitioner and the other by a close relation on due identification by the Court below. It is made clear that if, on release, the petitioner indulgence in any criminal activity or interfere with the course of justice or conduct of trial, he may loose the privilege of bail. He shall further appear on each and every date before the court below either himself or through his counsel will not abscond. Bhardwaj/ (Ajay Kumar Tripathi, J.)