IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12710 of 2010 PRADEEP KUMAR JHA, SON OF HARI NANTH JHA, RESIDENT OF BEHAT, P.S. BENIPATTI, DISTRICT- MADHUBANI…………………………………..PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. -------- For the Petitioner : Mrs. Namrata Mishra and Ratnakar Jha, Advocates. For the State : Mr. U.S.P. Singh, A.P.P. For the Informant : Mr. N.K. Agrawal, Senior Advocate. --------- 3. 19.5.2010. Learned counsel for the petitioner is permitted to make necessary correction in paragraph no.5 to this application. Heard learned counsel for the petitioner and the learned A.P.P. for the State as well as the learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code besides Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that he is in custody since 1.12.2009. It has also been submitted that the petitioner is neither named in the First - 2 - Information Report nor has he been identified by the informant during T.I. Parade, though the informant claimed that he could identify the miscreants, if they are produced before him. The petitioner was apprehended only on the basis of the confessional statement of the co-accused, Trilok Kumar Jha. Learned counsel appearing for the informant submitted that certain allegations have come during the course of investigation that this petitioner and the co- accused Trilok Kumar Jha, were the contract killers. In reply thereof, it is submitted on behalf of the petitioner that except the confessional statement of the co-accused, Trilok Kumar Jha, there is nothing on record to show that the petitioner had taken contract to kill the deceased. Learned counsel for the petitioner also submits that the petitioner is having clean antecedent. Having regard to the facts and the circumstances of the case, the petitioner, Pradeep Kumar Jha, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Madhubani, in - 3 - connection with Benipatti P.S. Case No.204/09, G.R. No.2648/09, with a further condition that the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)