IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40096 of 2010 NAWAL JAMADAR SON OF LATE CHHATHU JAMADAR Versus STATE OF BIHAR ----------- 2 8.11.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.535 of 2010 arising from Dhanarua P.S.Case No.181 of 1989 for offences punishable under sections 147, 148,149, 302, 324, 307 of the Indian Penal Code and section 27 of the Arms Act. The allegation against the petitioner is of being the member of the unlawful assembly who attacked the deceased by fire arms resulting in to his death. Learned counsel for the petitioner, with reference to the allegation as set out in the first information report, submits that a plain reading thereof shows that 25-30 persons were alleged of having caused the death of Birendra Singh. He further submits that for the said allegation, the petitioner has remained in custody since 16.2.2010. Taking into consideration the 2 submissions of the learned counsel, let the petitioner Nawal Jamadar 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 8th Additional Sessions Judge, Patna in connection with Sessions Trial No.535 of 2010 (Dhanarua P.S.Case No.181 of 1989), subject to the following conditions: (a) that one of the close relative of the petitioner shall stand as one of the bailors to the petitioner and who shall be under a duty to inform the court below in case this petitioner, after his release in the present case, is named or is found involved in any other case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner and to take him into custody. (b) that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the trial without reasonable 3 explanation to the satisfaction of the trial court, would confer liberty to the court concerned to initiate proceedings for cancellation of the bail bond of the petitioner and to take him into custody. ahk (Jyoti Saran, J)