IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47357 of 2007 BHIKHO SINGH @ BHIKHARI SINGH Versus STATE OF BIHAR ----------- 3. 13.5.2008 Petitioner, Bhikho Singh @ Bhikhari Singh, is an accused in a case instituted under Section 396 of the Indian Penal Code. Heard the learned Advocate of the petitioner as well as the learned A.P.P. for the State. It has been submitted by the learned Advocate of the petitioner that the petitioner is not named in the first information report and only material available in the case diary is the statement of the witness, namely, Sanichar Rai recorded in paragraph 11 of the case diary. He submitted that the petitioner has been falsely implicated by the said Sanichar Rai in whose field the petitioner used to work as labourer and on demand of wages, the said Sanichar Rai had given threat that he would falsely implicate in any case and this incidence gave opportunity to him to implicate this petitioner. The learned Advocate submitted that the petitioner is a very poor man and he is languishing in jail custody since 16.1.2001 which will be apparent from the impugned order of the 3rd Additional Sessions Judge. He submitted that although the petitioner is in jail custody since 16.1.2001 but till today, not a single prosecution witness was examined after framing of the charge in the year, 2004. Considering the submissions of both sides, petitioner (Bhikho Singh @ Bhikhari Singh) is ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. III, Naugachia at Bhagalpur in connection with Naugachia P.S.Case No.236/94, G.R. No.531/94 corresponding to S.Tr. No.929/04 with condition that he shall physically remain present in court during the trial on each and every date failing which the trial court will be at liberty to cancel his bail bonds. BT (Syed Md. Mahfooz Alam, J)