IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38972 of 2010 MD.ALAM @ SAH ALAM Son of Khalilur Rahman @Md. Khalilu, resident of Village-Nizaganj (Godhra) P.S. Thakurganj, District- Kishanganj(Bihar) 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. Petitioner is in custody in connection with Sessions Case No 945 of 2010/ T.R.No. 66 of 2010 arising out of Bhagalpur Rail P.S. Case No. 28 of 2010 for the offence punishable under Sections 328,307/34 of the Indian Penal Code. Substance of allegation against the petitioner is of drugging the informant by serving him frootis laced with sedatives leaving him unconscious. Learned counsel submits that the very fact that there is no allegation regarding any theft of goods by the informant, although there was substantial time difference between serving of the frooti at Bhagalpur station and arrival of the train at Sahebganj Station coupled with the fact that the petitioner was found sitting besides the informant even at that stage itself 2 shows that he has been wrongly roped in the present case. He submits that the petitioner having clean antecedent has remained in custody since 22.5.2010. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioners Md. Alam @ Sah Alam be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sri A.K. Jha, Additional District Judge(FTC-III), Bhagalpur, in connection with Sessions Case No 945 of 2010/T.R.No. 66 of 2010 arising out of Bhagalpur Rail P.S. Case No. 28 of 2010 subject to 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 after his release in the present case is named or is found involved in any further case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner and take him into custody on grounds of misuse. 3 2. that the petitioner would ensure his representation before the trial Court on each and very date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would confer liberty on the Court concerned to initiate proceeding for cancellation of his bail bonds and to take him into custody. Prakash (Jyoti Saran, J.)