IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12925 of 2009 FULENDRA SAH @ NAVIN Versus STATE OF BIHAR ----------- 3 13.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under diverse sections of Indian Penal Code including section 307 IPC and various sections of Arms Act. The prosecution case is that the police on getting information raided the residential High School from where firings were resorted to. One person namely Mandeo was arrested. The name of the petitioner does not find mention in the F.I.R. Learned counsel submits that in course of investigation, nothing incriminating has come on record. He refers to the statement recorded at paragraphs 7 to 10 and 37 to 39 of the case diary to submit that the name of the petitioner does not figure therein. However, it appears from the record that the case remained pending investigation as the petitioner did not surrender in the case. Subsequently, he was arrested in February, 2009 and charge-sheet was submitted. It is submitted that co-accused Mandeo Uraon has been granted bail by this Court under order dated 4.3.2009 passed in Cr. Misc. No 49734 of 2008. It is also contended that Sudama Uraon who was named in the F.I.R. has been granted bail . Learned counsel appearing on behalf of the State, on perusal of the case diary, submits that there is no criminal 2 antecedents recorded in the case diary respecting the petitioner. In the facts and circumstances of the case, let petitioner abovenamed 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 learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nauhatta P.S. case no. 38 of 2008 subject to the following conditions: (i) one of the bailers will be own/close family member of the petitioner. (ii) Once the case is taken up for trial and charges are framed, the petitioner shall appear in person on the dates fixed in the trial. In the case of default on two consecutive dates, it shall be open to the court to cancel the bail bond of the petitioner and secure his arrest. pkj ( Kishore K. Mandal, J. )