IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40444 of 2009 VISHWAJEET MEHTA @ BISHWAJEET MEHTA, SON OF SRI SHANKER MEHTA, RESIDENT OF VILLAGE- RAJGHAT, POLICE STATION-BARAHARA KOTHI, DISTRICT-PURNEA……………………………..PETITIONER. Versus THE STATE OF BIHAR…………………..OPPOSITE PARTY. ---------- For the Petitioner : Mr. Mahendra Pathak, Advocate. For the State : Mr. Matloob Rab, A.P.P. ---------- 2. 25.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Section 395 of the Indian Penal Code. It has been submitted on behalf of the petitioner that though the informant and the petitioner belong to the same village , the informant could not identify the petitioner during the commission of crime, however, on the basis of information of one Chunchun Kumar, given to the informant, that the petitioner was also one of the miscreants, the petitioner has been named by the informant. It is also submitted that during the course of the trial, all the three witnesses including the informant, have not stated anything against this petitioner and they have turned hostile. Learned - 2 - counsel for the petitioner has produced the certified copy of the deposition of Mahendra Sharma, Sanjay Kumar Mandal and Rajaram Chaupal. Let the same be kept on record. The petitioner is stated to be in jail custody since 3.6.2008. Having regard to the facts and the circumstances of the case, the petitioner, Vishwajeet Mehta @ Bishwajeet Mehta, 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 Fast Tract Court-III, Madhepura, in connection with Bihariganj P.S. Case No.67/08 corresponding to Sessions Trial No.172/08 . However, the petitioner shall remain present on each and every date during trial unless his presence is dispensed with by the court concerned failing which the trial court will be at liberty to take steps for cancellation of his bail bonds. It is further made clear that the trial court will proceed and conclude the trial without being prejudiced with the observations made by this Court in this Case. P.S. (Dr. Ravi Ranjan,J)