IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21655 of 2010 RAHUL OJHA Versus THE STATE OF BIHAR ----------- 2 29.06.2010 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 Shahpur P.S. No. 247 of 2008 (S.Tr.No. 124 of 2010) for offences punishable under Sections 307, 353,399,402, 414/34 of the Indian Penal Code and Section 27 of the Arms Act. Substance of allegation against the petitioner and others as set out in the F.I.R. is of resorting to firing at the police party. It is alleged that the accused persons had gathered for planning dacoity and upon seeing the police party they resorted to firing. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner nor any specific allegation has been attributed to him save and except that he was amongst the alleged miscreants. Learned counsel submits that for such general nature of allegation, the 2 petitioner has remained in custody since 7.12.2009. Taking into consideration the circumstances and submissions of learned counsel for the petitioner, let the petitioner namely, Rahul Ojha be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned IVth Additional Sessions Judge,(FTC) Bhojpur at Ara in connection with Shahpur P.S. case No. 247 of 2008 (S.Tr.No. 124 of 2010) subject to the condition that the petitioner would be attending the trial on each and every date fixed in the trial and failure on his part to attend the 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.)