IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18830 of 2010 BIJAY MANDAL, s/o- late Sumar Mandal, R/o village-Rasidpur Diyara, P.S.-Nath nagar and District-Bhagalpur Versus STATE OF BIHAR ----------- 3 21.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 78 of 2010 arising from Nathnagar(Sadar) P.S. Case No.19 of 2004 for offences punishable under Sections 302/34 of the Indian Penal Code. Learned counsel with reference to the statement of allegation set out in the F.I.R., submits that even the informant is not an eye witness to the occurrence and that informant has merely seen the petitioner leaving from the place of occurrence and on that basis he has been made accused in the present case. Learned counsel with reference to the deposition of the informant placed at Annexure-2 submits that the she has retracted from her statement as set out in the F.I.R. Learned counsel further submits that even in absence of any direct allegation the petitioner is in custody since 27.10.2009 2 and he undertakes to participate in the trial. Having regard to the circumstances aforesaid, let the petitioner namely, Bijay Mandal be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Ist Additional Sessions Judge, Bhagalpur in connection with Sessions Trial No. 78 of 2010 arising from Nathnagar(Sadar) P.S. Case No.19 of 2004 subject to the following conditions:- (1) The brother of the petitioner would stand as a bailor and who would ensure his appearance in the trial . (2) The petitioner would be attending the trial Court on each and every date fixed in the trial and failure on his part to attend the trial on two consecutive dates without reasonable explanation to the satisfaction of the Court below would confer liberty to the Court concerned to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)