IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14246 of 2009 JAY PRAKASH PASWAN Versus STATE OF BIHAR ----------- 2 14.9.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 17.10.2008 in relation to Chandi (Nagarnausa) P.S. Case No. 320 of 1996 which was registered under sections 364, 302, 379, 411/34 of the Indian Penal Code. The case was lodged by one Sia Saran Yadav, alleging that three persons had hired his tractor on 8.11.1996. Thereafter the tractor, trailer, driver, Khalai and son are missing. The investigation has been done over a period of time. Though the present petitioner was not named in the FIR but on certain suspicion he has been chargesheeted. Contention of learned counsel for the petitioner is that except suspicion there is nothing to link this petitioner with the actual crime. It is also submitted that if he is enlarged on bail he will ensure his presence in the trial of the case. Taking the fact into consideration that the petitioner is non FIR accused and the allegation against him is only a kind of suspicion, let the petitioner, namely, Jay Prakash Paswan be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. twenty thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Hilsa, Nalanda in - 2 - connection with Sessions Trial No. 677 of 2008 arising out of Chandi (Nagarnausa) P.S. Case No.320 of 1996. One of the sureties will be executed by one Sanjay Paswan who is stated to be the full brother of the petitioner on due identification by the trial court. It is also directed that the petitioner will appear before the trial court on each and every date either in person or through his counsel and he shall not abscond. Any breach may disentitle the petitioner from the privilege of bail granted to him. RPS (Ajay Kumar Tripathi,J.)