IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26236 of 2009 PAWAN KUMAR @ PINTU KUMAR Versus STATE OF BIHAR With Cr.Misc. No.13625 of 2009 RAJ KUMAR SINGH Versus STATE OF BIHAR ----------- 02/ 09.09.2009 Heard learned counsels for the petitioners and the learned APP for the State. The two petitions are by way of prayers to reconsider the earlier rejection orders passed upon similar petitions preferred by the two petitions of the two petitions. The case is under Section 394 of the IPC and the petitioners are in custody over two years. Now as may appear from the report of the learned trial Judge at Flag ‘A’ of the petition preferred by petitioner Raj Kumar Singh. The copies of the police papers have only been supplied to the accused persons and further that accused Raj Kumar Singh and Chandan Kumar @ Pawan Singh have been shifted to Beur Central Jail in connection with other case and they were not produced before the learned trial Magistrate. The above facts clearly indicate that there is no possibility of the trial has to a close. - 2 - In that view of the matter, let two petitioners of the two petitions, namely, Pawan Kumar @ Pintu Kumar and Raj Kumar Singh be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Masaurhi, Patna in connection with Punpun P.S. Case No. 43 of 2007 subject to the following conditions:- (i) The petitioners shall report to their respective police stations once in a fort- night, which report shall be entered into general diary and entered by the Officer-in-charge of the police station; (ii) The police specially by which the crime has been reported as also that under whose jurisdiction the two petitioners might be residing shall keep a close vigil upon the activities of the petitioners and if at all they tremble over any make suggestive of any attempt to commit any serious offence, harbouring the criminals for - 3 - commission of offences or indulgence by any of the petitioners in any serious offence of the nature as presently it shall make a report to the learned trial Magistrate, who after affording proper opportunity to the petitioners and also on being satisfied about the veracity of the report shall assume that this Court had not passed the present order and shall take steps for committing the petitioners to custody; (iii) The sureties of the petitioners shall be from very close family members, who shall swear affidavit about the possession of the properties which could be pledged in security of the bond and also file their identity proofs along with bail bond. Any breach in any condition could be sufficient for remanding the petitioners to custody. DKS/ (Dharnidhar Jha, J.)