IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24019 of 2009 RAM KHELAWAN MAHTO Versus STATE OF BIHAR ----------- 2 04.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under diverse sections of Indian Penal Code including Section 364 of Indian Penal Code. As per allegation in the F.I.R., the victim was working at a place where the petitioner also used to work. The allegation is that both of them travelled back home. The deceased was last seen with the petitioner near a bettle shop. The matter was investigated and the police ultimately did not find sufficient material against him and as such he was not sent up for trial vide final form submitted on 31.12.2008. It appears that learned court below differing with the report, took cognizance and the petitioner is now facing trial. Learned counsel submits that apart from the allegation that he was last seen with the victim, there is no direct evidence on record that implicate him in the offence. It is contended that the petitioner is in custody since 20.11.2008. In the facts and circumstances of the case, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge, Darbhanga in connection with Sessions Trial No. 188 of 2 2009 (Bahera P.S. case no. 92 of 2008) subject to following conditions: (i) One of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )