IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36146 of 2009 VIJAY SINGH S/O LATE LUXMAN SINGH VILL.- BICHLA TELPA, P.S.- CHAPRA TOWN, DISTT.- SARAN … Petitioner Versus THE STATE OF BIHAR ----------- 2. 5.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner facing prosecution for offence under Sections 363, 364 and 120 B of the Indian Penal Code and in custody since 4.8.2007 seeks bail on the ground that there is no specific allegation against him in the first information report or in the case-diary wherein the main accused has been one Bhim Kumar. It is further submitted that co- accused Vishwanath Singh, Dudhnath Singh and Ram Nath Rai have already been released on bail and therefore the case of the petitioner is on better footing on account of his being not named in the FIR and the petitioner would deserve bail in this case on that ground as well. Counsel for the petitioner however very fairly submits that the petitioner is also an accused in another criminal case for which Sessions Trial No. 241 of 2008 is pending before FTC-II, Chapra. 2 Counsel for the petitioner however assures that if the petitioner is released on bail he would not misuse the privilege of bail by remaining absent himself even on one day either in the present Sessions Trial No. 278 of 2008 or in the other Sessions Trial No. 241 of 2008. This Court taking into account that other co-accused as named above have already been granted bail would direct release of the petitioner on bail under specific condition that the petitioner shall personally remain present on each and every date of trial in both the sessions cases and if it is found that the petitioner absents himself even on one day without any justified reason, his bail under the present order shall stand automatically cancelled. With the aforementioned conditions, the petitioner namely Vijay Singh is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of 9th Additional Session Judge, Chapra in connection with Session Trial No. 278 of 2008 (arising out of Chapra Town P. S. 3 Case No. 213 of 2007) with a condition that one of the bailors of the petitioner must be either his wife or his son. kanchan (Mihir Kumar Jha, J.)