IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29974 of 2010 SIRI LAL MANDAL Versus THE STATE OF BIHAR ----------- 2. 18.08.2010 Heard the learned counsel for the petitioner as well as the learned counsel appearing for the state. The learned counsel for the petitioner points out that in the prayer portion District & Sessions Judge F.T.C.-III, Munger has been typed in place of Additional District & Sessions Judge F.T.C.-III, Munger and seeks permission to correct the same. Let the learned counsel for the petitioner correct the prayer portion. It is alleged that houses of co-accused, Ram Mandal and Basant Mandal were raided and one country carbine (half made) was recovered from the house of co- accused, Ram Mandal. In search, huge quantity of half made fire arms, arms making machine were recovered. So far as petitioner is concerned, his name came in this case from the statement of apprehended accused, Ram Mandal and it is alleged that he succeeded to flee away from the place of occurrence when the raid was conducted. The contention of learned counsel of the petitioner is that as a matter of fact, the petitioner was 2 not aware about his implication in this case and innocently, he had gone to Delhi to earn his livelihood and when he returned back to home, he was arrested by the police and subsequently, remanded in this case. The petitioner is languishing in jail custody since 11.03.2010. Admittedly, nothing has been recovered from conscious possession of the petitioner nor he was arrested at the spot. Therefore, considering the aforesaid facts and circumstances of the case, I direct that the petitioner, Siri Lal Mandal be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. m 531 of 2010 (Arising out of Muffasil P.S. Case No. 106/03) to the satisfaction of Addl District and Sessions Judge, F.T.C.-III, Munger. However, the petitioner shall be present before the court below on each and every date till completion of the prosecution evidence and if he makes himself absent from the court below, the court below during the above stated period shall be at liberty to cancel the bail bond of the petitioner. Furthermore, the court below shall also be at liberty to consider the exemption of the petitioner from appearance in the court below on reasonable ground. AKV/ (Hemant Kumar Srivastava,J.)