IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18970 of 2010 NILABH SHAKTI @ MANTU SHARMA . Versus THE STATE OF BIHAR . ----------- 3 28.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This is the second attempt on the part of the petitioner who is charged for offences punishable under Sections 363, 364 and 34 of the Indian Penal Code in connection with Samastipur Town P.S. No. 47 of 2003. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and that his name has transpired during the course of investigation. He submits that he was arrested in connection with another case on 26.07.2005 and thereafter has been remanded in the present case on 10.02.2009. Learned counsel with reference to an order granting bail to co-accused Birendra Thakur passed in Cr.Misc. No. 14494 of 2003 dated 27.8.2003 (Annexure-3) submits that the main accusation is directed against co-accused Amit Kumar and Sanjay Kumar Singh and of whom Sanjay Kumar Singh has been granted bail under the provisions of Section 167(2) of the Code of 2 Criminal Procedure. He thus submits that the prayer of the petitioner requires reconsideration. Taking into consideration the circumstances and submissions aforesaid, let the petitioner namely, Nilabh Shakti @ Mantu Sharma be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Additional District and Sessions Judge, F.T.C.V, Samastipur in connection with Samastipur Town P.S. case No. 47 of 2003 subject to the following conditions:- (1) That the father of the petitioner would stand as one of the bailors and who would be under a duty to inform the Court below in case this petitioner is named or gets involved in any other case of similar nature after his release in the present case and whereupon the Court concerned shall be at liberty to cancel the bail bonds of the petitioner on grounds of misuse. (2) That the petitioner would be attending the trial of the case on each and every date fixed and the failure on his part to attend the trial on two consecutive dates without reasonable explanation to the 3 satisfaction of the trial Court, would confer liberty on the Court concerned to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)