IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26778 of 2010 UMESH THAKUR Versus STATE OF BIHAR ----------- 2. 06.8.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Goh P.S.Case No.175 of 2009 for the offence punishable under section 302, 201/34 of the Indian Penal Code. The petitioner has been charged with having last been seen with the father of the informant who then became traceless and his dead body was recovered. Considering the submissions made by the learned counsel for the petitioner that merely on the basis of the last seen, this petitioner has been roped in the present case and that also after a lapse of almost 11 days of the last seen event. He submits that whereas the petitioner and co-accused Ajay Thakur have been alleged to accompany the father of the informant on 15.11.2009 and whereafter he has not been seen, the first information report has been instituted after 2 11 days on 26.11.2009 upon the recovery of headless body of the father of the informant. He submits that even in absence of there being any direct evidence connecting the petitioner to the alleged occurrence, he has been roped in the present case merely because 11 days earlier he was seen with the deceased. He further submits that in similar circumstances, co-accused Ajay Yadav was granted bail by a bench of this Court in Cr.Misc.No.19159 of 2010 by order dated 14.6.2010. Having regard to the circumstances and the submissions of the learned counsel, let the petitioner Umesh Thakur 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 Sub Divisional Judicial Magistrate, Daudnagar at Aurangabad in connection Goh P.S.Case No.175 of 2009, subject to the condition that the petitioner would cooperate in the trial and would ensure his representation before the court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on 3 two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would confer liberty to the court below to initiate proceedings for cancellation of the bail bond of the petitioner and to take him into custody. ahk (Jyoti Saran, J.)