IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4641 of 2011 MD. IRSHAD MIYAN @ MD. IRSHAD, S/O MD. ALLAUDIN, R/O VILLAGE-DEHAD, P.S.- SONBARSA, DISTRICT-SAHARSA. ……………PETITIONER. Versus THE STATE OF BIHAR. …………………OPPOSITE PARTY. ----------- 02/ 18.03.2011 Heard counsel for the petitioner and counsel for the State. Prayer for bail of the petitioner was earlier rejected by an order passed by this Court dated 23.11.2009 in Cr. Misc. No. 39874 of 2009 with a liberty to renew his prayer for bail after some time. Mr. Pramod Mishra, counsel for the petitioner has submitted that the petitioner is in custody since, 20.07.2009 and the police ultimately has submitted the chargesheet for the offence under Section-379 IPC and other allied offences. He has highlighted that the story of rangdari (ransom) etc has not been found to be correct. The criminal history has been sought to be explained that the petitioner is facing trial in one more case for the offences under Sections-379, 386/34 IPC. Considering the fact that the petitioner has remained in custody for a period of more than one and a half year and that his criminal antecedent is confined only to one more case, this Court would direct for release of the petitioner, namely, Md. Irshad Miyan @ Md. Irshad on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Sonbarsa Raj P.S case no. 69 of 2009 subject to the following three conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case,that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. Ranjan (Mihir Kumar Jha,J)