IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40438 of 2009 ANAND MANJHI son of late Shyamdas Manjhi @ Shyam Manjhi, and another, residents of village Gendhar, Pathar Tola Police Station Muffasil, District Gaya, … …Petitioners Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Ashutosh Singh-II, Advocate For the State : Mr. U.S.P. Singh, APP ----------- 8 13.05.2010 Learned counsel for the State files an affidavit stating therein that the concerned report with regard to chemical examination of the viscera has already been received by this Court. The viscera report is available on record under sealed cover. Seal has been opened in Court Heard learned counsel for the petitioner no. 1 and the State and perused the report with regard to the stage of the trial as well as the report of examination of sample of viscera. Petitioner no. 1 seeks bail in a case registered for offences punishable under sections 302, 328 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that during the course of the trial, the informant as well as other witnesses including the mother of the deceased have not supported the prosecution case, however, the trial is pending 2 for the reason that the Investigating Officer and the concerned doctor have not been examined. The viscera report was also awaited. The petitioner no. 1, who is husband of the deceased, is stated to be in custody since 30th of January, 2009. Learned counsel for the State submitted that petitioner no. 1 is the husband of the deceased and most of the witnesses have been examined, however, the Investigating Officer and the concerned doctor could not be examined as yet. The doctor concerned was not examined for the reason that the viscera report was awaited. However, from the viscera report it appears that no metallic, alkaloidal, glycosidal, pesticidal or volatile poison could be detected in the sample, which was sent for chemical examination. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner no. 1 Anand Manjhi, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the F.T.C. IIIrd, Gaya in Muffassil (Gaya) Police Station Case No. 218 of 2008, arising out of G.R. No. 2750/08 S.T. No. 218/09 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit 3 before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner shall also remain present on each and every date during the course of the trial and if he fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. It is also made clear that the trial court should proceed in accordance with law without being prejudiced by the observation made in this order and shall conclude the trial expeditiously. Further, the Superintendent of Police, Gaya, is also directed to take steps for producing the remaining witnesses on the dates fixed for expeditious disposal of this case Let the report with regard to chemical examination of the viscera be kept in sealed cover and sent to the concerned Laboratory, so that the same could be immediately communicated to the court concerned. SC ( Dr. Ravi Ranjan, J.)