IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 13068 of 2008 ADHIK LAL YADAV Versus STATE OF BIHAR ----------- 2 15.05.2008 The petitioner is in custody since 01.11.2007 in relation to Sanhoula Police Station Case No 129 of 2002 being Sessions Trial No 285 of 2005 pending before Fast Track Court No V, Bhagalpur instituted under Section 307 and other sections of Indian Penal Code read with various provisions of Arms Act. It is alleged that some persons were planning to commit armed dacoity but the police reached there and one of the persons was apprehended. It is stated that he named the petitioner. The only material against the petitioner is the said statement of alleged co-accused. It is pointed out that the learned Fast Track Court No V has committed a grave error of record in recording that the petitioner was also arrested on the spot with firearms which is wrong as from the first information report itself, it is apparent that petitioner has been named as one of the persons who managed to escape. Petitioner states that out of several persons named as having managed to escape one of them is Devan Singh who has already been granted bail by this Court vide order dated 26.09.2005 in Cr Misc No 28074 of 2005. In the facts and circumstances of the case, the petitioner Adhik Lal Yadav is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court No V, 2 Bhagalpur in Sessions Trial No 285 of 2005 arising out of Sanhoula Police Station Case No 129 of 2002 subject to the condition that on every date, petitioner would be physically present and will not seek exemption from personal appearance. M.E.H./ (Navaniti Prasad Singh)