IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.721 of 2011 RAM AWADHESH SINGH Versus THE STATE OF BIHAR ----------- 2 10.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the complainant. The petitioner seeks bail in connection with Complaint Case No. 498 of 1997 registered under section-302 of the Indian Penal Code and section-27 of the Arms Act. Originally, the informant lodged Kudra P.S. Case No. 75 of 1996 against unknown persons and after investigation, the police submitted final form but the informant filed Protest Petition and the said Protest Petition was treated as Complaint Case and thereafter, cognizance has been taken against the petitioner. Learned counsel appearing for the complainant submits that admittedly, cognizance was taken in the year, 2003 but the petitioner did not surrender before the court below and lastly, he was arrested by the police in the year, 2010. Admittedly, the petitioner is languishing in jail custody since 17.11.2010. So, even if after rejection of his prayer for anticipatory bail, the petitioner did not surrender before the court below, then also he has already been punished for the aforesaid act by remaining in judicial custody since 17.11.2010. - 2 - Considering the facts and circumstances as well as period of detention in judicial custody, the petitioner, namely, Ram Awadhesh Singh is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 498 of 1997 to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua. AKV/- (Hemant Kumar Srivastava,J.)