IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40598 of 2008 TUNNU RAI Versus STATE OF BIHAR ----------- For the Petitioner: Mr.Pramod Manbanshi, Advocate. For the State: Upendra Kumar, APP. 03 19.12.2008 Heard. Petitioner seeks bail in a case instituted under Sections 302,120B/34 of the Penal Code and Section 27 of the Arms Act. With regard to the murder of one Pappu Kumar an F.I.R. seems to have been lodged, in which altogether five persons have been named as accused. The said F.I.R. was lodged on 24.04.2004. Learned counsel for the petitioner submits that petitioner is in custody since 31.11.2004. It has further been submitted that the only material against him is the alleged confessional statement of one of the co-accuseds named in the F.I.R. namely, Bablu Rai incriminating him in the crime. Learned counsel for the petitioner submits that this fact has not been denied by the learned counsel for the State that aforesaid Bablu Rai in his confessional statement before the police has stated that this petitioner also participated in the murder of aforesaid Pappu Kumar. It is admitted at the bar that charges of this case have been framed and trial is now likely to commence. Having regard to the aforesaid facts appearing from the record and particularly keeping in view the fact that the 2 petitioner has remained in custody for more than four years by now, this court is inclined to admit the petitioner to bail. Let the petitioner, namely, Tunnu Rai 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 A.K. Sinha, Additional Sessions Judge, Fast Track Court II, Patna, in connection with Sessions Trial No.437/2006 arising out of Phulwari Sharif (Gauri Chak) P.S. Case No. 287/2004., subject to the following conditions 1. That one of the bailors should be the own/close family member of the petitioner. 2. The petitioner shall appear in person on the dates fixed in the trial before the court below. In case of default on two consecutive dates, the trial court shall be at liberty to cancel the bail bonds and secure his arrest by adopting procedure prescribed in law. Sym ( Kishore K. Mandal, J.)