IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30558 of 2010 ANIRUDH RAM son of late Brahamdeo Prasad, resident of village- Taraura, P.S. Daniyanwan, District-Patna. Versus STATE OF BIHAR . ----------- 2 05.10.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This is a second attempt on behalf of the petitioner for bail, the earlier having been rejected by this Court by order dated 26.11.2009 in Cr.Misc. No. 34708 of 2009. This petitioner along with some others have been made accused in a case arising from Danianwan P.S. Case No. 81 of 2007 for offences punishable under Sections 302, 201, 120B and 34 of the Indian Penal Code. The incarceration of the petitioner is by reason of his being last seen in the company with the deceased along with some other persons named in the First Information Report. Learned counsel for the petitioner submits that most of the accused persons named in the F.I.R. have been granted bail by this Court and orders of some of whom is also placed at Annexure-5 of this application. He submits that two of the accused persons Prakash Mistry and Binod Ram have been 2 granted bail by this Court by order dated 28.08.2009 passed in Cr.Misc. No. 28883 of 2009 and Cr.Misc. No. 31022 of 2009. He submits that some other accused persons were also granted bail by this Court and reference whereof is also made in the order placed at Annexure-5 of this application. He submits that this important circumstance was never brought to the notice of this Court at the earlier stage of the consideration. He thus submits that in these circumstances and considering the period of incarceration as also the circumstantial nature of evidence, the prayer of the petitioner requires reconsideration. Considering the submissions of learned counsel appearing on behalf of the petitioner and the documents enclosed in the bail application, let the petitioner, Anirudh Ram be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Patna City, District- Patna in connection with Daniyawan P.S. Case No. 81 of 2007 (S.T. No. 528 of 2010), subject to the condition that the petitioner would ensure his representation in the trial 3 on each and every date fixed in the case. If the petitioner fails to ensure his representation in the trial on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial Court, the trial Court would be at liberty to cancel bail bond of the petitioner and to take him into custody. Bibhash (Jyoti Saran, J.)