IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33163 of 2010 Mritunjay Rai, son of Sri Sadhu Sharan Rai Versus STATE OF BIHAR ----------- 3/- 06.12.2010 Heard learned counsel for the petitioner as well as learned P.P. for State. Petitioners, namely, Mritunjay Rai seeks his bail in connection with Azimabad P.S. Case No. 8 of 2009, registered under Section 302 and other minor sections of the I.P.C. and Section 27 of the Arms Act and 3 (i) (x) of the Scheduled castes and Scheduled tribes (Prevention of Atrocities Act). Although, Superintendent of Police, Bhojpur has reported, vide Memo No. 3376 dated 21.10.2010 that the petitioner carries criminal history of ten cases but in course of hearing learned counsel for petitioner points out that admittedly, on 11.03.2010, Pran Sah gave written report to Officer Incharge of Azimabad Police Station and made allegation against the petitioner that he along with other First Information Report named accused persons being armed with fire came and made indiscriminate firing, and furthermore, accused, Arun Yadav and Ajay Rai committed the murder of Akhilesh Pandit and Prasad Ram whereas one Rakesh Rai opened fire upon Ramji Paswan as a result of which the aforesaid Ramji Paswan sustained fire armed injuries. Learned counsel for the petitioner also pointed out that the alleged occurrence took place on 10.03.2009 and on the 2 same day statement of family members of deceased, Akhilesh Pandit was recorded but the aforesaid family members of deceased did not claim to have identified any person. Computer Section of this Court has reported that Rakesh Kumar has been granted bail by this Court. Considering the aforesaid submission as well as this aspect of the matter that no specific allegation of committing murder has been levelled against the petitioner, I direct that petitioner, namely, Mritunjay Rai, be released on bail on furnishing bail bonds of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Azimabad P.S. Case No. 8 of 2009 subject to the condition that petitioner shall attend his trial in person till completion of the prosecution evidence on each and every date and if he fails to do so on two consecutive dates without any valid cause or reason, the learned Trial Judge shall be at liberty to cancel the bail bond of the petitioner. Ashwini/- ( Hemant Kumar Srivastava, J.)