IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38398 of 2009 CHHABBU CHOUDHARY, Son of Late Doman Choudhary, resident of Village- Banjama, P.S. Jhajha, District- Jamui................Petitioner. Versus THE STATE OF BIHAR...........................................Opposite Party. ----------- 03. 17.12.2009. Heard the learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in connection with Sessions Trial No. 780 of 1997 arising from of Jhajha P.S. Case No. 263 of 1989 for offence punishable under Sections 147, 148, 149, 380, 302, 153A, 427, 324 and 307 of the Indian Penal Code. Substance of allegation as set out in the First Information Report is that the petitioner who has been named therein has been accused of committing loot and dacoity in the village which resulted in death of several persons. Learned counsel appearing on behalf of the petitioner submits that save and except that the name of the petitioner finds mentioned in the First Information Report, no specific allegation has been attributed to this petitioner. Learned counsel submits that a number of co-accused have been granted bail either by the trial court or this Court. Learned counsel refers to an order passed by this Court in Cr. Misc. No. 40068 of 2009 dated 11.11.2009 whereby the co-accused Tejo Yadav has been granted bail by this Court. Learned counsel thus submits that the bail application of this petitioner as well as Tejo Yadav had been 2 rejected by the court below by a common order which is impugned in the present application and thus the petitioner also deserves consideration of his case for grant of bail. Having regard to the circumstances set forth, let the petitioner Chhabbu Choudhary 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.D.J., F.T.C. Vth, Jamui in connection with S. Tr. No. 780 of 1997 arising out of Jhajha P.S. Case No. 263 of 1989 subject to the condition that the petitioner would be attending the court below on each and every date fixed and the failure on his part to attend the court below on two consecutive dates without any reasonable explanation to the satisfaction of the court below would confer liberty on the court below to initiate proceedings for cancellation of his bail bonds and for making him into custody. U.K. (Jyoti Saran,J)