IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15279 of 2009 OM PRAKASH @ Uma Prasad son of Shiv Charan Prasad Resident of Medkuri or Merhkuri, P.S., Meshkaul, Dist. Nawadah ….Petitioner. Versus STATE OF BIHAR ----------- 4 1.12.2009 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner is one of the accused in Kashipur (Shahpur O.P.) P.S. case no. 30 of 2007,for the offence under sections 420, 364, 34 of the Indian Penal Code. Initially the first information report was lodged against one Guddu and three unknown persons stating therein that the Ambassador Car of the informant was hired which was driven by his son Vijay Prasad. Thereafter it is alleged that the driver along with the car hijacked. Based on such information the case in question has come to be lodged. Submission of the counsel is that he has been in custody since 6.11.2008 as per the report of the C.J.M.. There is no possibility of the petitioner’s trial being completed in near future in which one co-accused is still absconding and even the police papers have not been handed over to the petitioner. The petitioner should therefore, be given benefit of doubt at this stage. Taking into consideration the report of the C.J.M and period the petitioner has been in custody, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of like amount each to the satisfaction of C.J.M, Nawada iun the above noted case. Both the sureties will be executed by the father of the petitioner on due verification and the other by a local representative or a - 2 - Govt. servant of the area where the petitioner belongs. It is further recorded that the petitioner shall not indulge in any crime after being released on bail, but on involvement or participation of the petitioner in any kind of crime the father has responsibility to inform the police about the same and the prosecution has liberty to seek cancellation of bail of the petitioner. The petitioner shall cooperate in the trial by appearing himself on each and every date in person or through his counsel. (Ajay Kumar Tripathi, J) M.Rahman