IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43955 of 2010 BAIJU SAHANI Versus THE STATE OF BIHAR ----------- 2. 12.01.11. Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 16.08.2009 in a case registered under Sections 364A and 323/34 of the I.P.C. Though initially, the petitioner was not named in the F.I.R. but subsequently petitioner’s name surfaced in the statement of the victim boy and co-accused Asharafi Ram and Binod Ram. From the evidence of the informant and the sister of the victim, it appears that the petitioner was resident of neighbouring village and was known to the informant and his family. It is submitted by Mr. Choudhary that if the petitioner anyhow would have been involved in the occurrence he would have been named in the F.I.R. The evidence of the victim boy suggests that the co-accused Binod Ram informed the police that it was this petitioner who brought the victim boy. From the materials on record, it 2 appears that the petitioner was never been put on T. I. Parade. A supplementary affidavit has been filed on behalf of the petitioner that the petitioner has no criminal antecedent and other co-accused Ram Bali Sahani whose name has surfaced on confession of the co-accused Binod Ram has been granted bail vide Cr. Misc. No. 28425 of 2008. Considering the aforesaid submissions, let the 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 the learned A.D.J. F.T.C.V, Samastipur in connection with Sessions Trail No. 692 of 2009 arising out of Chak Mehsi P.S. Case No. 31 of 2001. Learned court below will be at liberty to cancel the bail of the petitioner if the petitioner fails to appear on two consecutive dates during trial. U.K. (Dinesh Kumar Singh,J.)