IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14731 of 2010 VIVEK SINGH @ VIVEKA NAND SINGH Versus STATE OF BIHAR ----------- 3 25.06.2010 Learned counsel for the petitioner is permitted to make appropriate corrections in the prayer portion of the bail application as regarding the designation of the trial Court which is in seisin of the matter. 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 Rajpur P.S. No. 12 of 2009 (S.T.No.164 of 2009) for offences punishable under Sections 302/201 of the Indian Penal Code. Learned counsel for the petitioner with reference to the deposition of the Investigating Officer in the trial, placed at Annexure-4 of this application submits that the Investigating Officer has himself stated that he did not find any direct evidence against the petitioner rather the petitioner had been arrested on the basis of circumstantial evidence. He further submits that the victim boy had been taken out 2 from the well and thereafter returned to his family members and it is thereafter that the death took place. He thus submits that in absence of any direct evidence against the petitioner and in view of the deposition of the Investigating Officer, the prayer of the petitioner requires a reconsideration. Learned counsel further submits that the petitioner would co-operate in the trial and would be attending the same on each and every date fixed in the case. Having regard to the circumstances aforesaid, let the petitioner namely, Vivek Singh @ Vivek Nand Singh be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned 2nd Additional Sessions Judge, Buxar in connection with Rajpur P.S. case No. 12 of 2009 (S.T. No. 164 of 2009) subject to the following conditions:- (1) that the father of the petitioner would stand as one of the bailors. (2) that the petitioner would be attending the trial on each and every date fixed in the case and failure on his part to attend the 3 trial on two consecutive dates without reasonable explanation to the satisfaction of the trial Court 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.)