IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41183 of 2010 CHHOTAN PASWAN SON OF SHEONANDAN PASWAN Versus STATE OF BIHAR ----------- 2. 19.11.2010. 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 Naubatpur P.S.Case No.185 of 2005 for the offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. The first information report was lodged against unknown and the name of the petitioner was transpired during the course of investigation. Learned counsel for the petitioner, with reference to the allegation set out in the first information report, submits that the informant has merely stated that this petitioner and one Yogendra Prasad possessed knowledge about the murder of his nephew and in this back ground the petitioner has been roped in the present case. Learned counsel submits that in similar circumstances, several eye witnesses who were also made accused in the present case have since been released under the orders of this Court, 2 copies whereof are placed at Annexures-2 and 3 to this application. He submits that even the said Yogendra Prasad who is named along with this petitioner, was granted bail in Cr.Misc.No.19521 of 2006 dated 6.7.2006. Considering the submissions of the learned counsel, let the petitioner Chhotan Paswan 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 Additional Chief Judicial Magistrate, Danapur in connection with Naubatpur P.S.Case No.185 of 2005, subject to the condition that the petitioner would cooperate in the trial of the case and would ensure his representation on each and every date fixed in the case. The failure on the part of the petitioner to ensure his representation before the court below on two consecutive dates fixed, without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to initiate proceeding for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran, J)