IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39842 of 2010 Raja Ram Mahto, Son of Late Shiv Nandan Mahto, resident of Village- Mustafapur, Police Station-Bibhutipur, District-Samastipur ---------------------------- Petitioner Versus STATE OF BIHAR ----------- 02 16-12-2010 Heard Sri Abhimanyu Sharma, learned counsel for the petitioner and Sri Manish Kumar, learned Addl. Public Prosecutor for the State. The petitioner, who is in custody in Bibhutipur P.S. Case No.129 of 2001 for the offences under Section 302 and other allied Sections of the Indian Penal Code, has prayed for grant of bail. Sri Sharma, learned counsel for the petitioner, while pressing this petition submits that only on suspicion the petitioner was made accused that too on the self-statement of the police officer. It was further submitted that even the family members of the deceased had raised suspicion on some other accused persons. However, the petitioner was arrested on 7.8.2002 and since then he is in custody. The argument , which was advanced by the learned counsel for the petitioner that none has specifically claimed as eye witness of the occurrence , has not been disputed by Sri Manish Kumar, learned Addl.Public Prosecutor for the State. Keeping in view the facts and circumstances of the case and the fact that the petitioner is in custody since 2002 and number of accused persons have been granted bail, let the petitioner above 2 named 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 learned Addl.Sessions Judge, F.T.C. V, Samastipur in connection with Bibhutipur P.S. Case No.129 of 2001 with condition that on each and every date the petitioner shall remain physically present during the trial and failure to which his bail shall stand automatically cancelled. However, in special exigency on the prior permission being given by the court on particular date, the petitioner may remain absent. NKS/- ( Rakesh Kumar, J.)