IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38411 of 2009 PRADEEP GOWSWAMI Versus STATE OF BIHAR ----------- 02/ 18.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Saharsa (Banmankhi) Rail P.S. Case No. 28 of 2008 for offences punishable under Sections 328, 379/34 of the Indian Penal Code. Substance of allegation as against the petitioner and some others is of drugging the informant while traveling on the train from Saharsa to Banmankhi and thereafter robbing the informant and others. One of the accused persons, namely, Nand Kishore Sahni @ Nata Sahni was apprehended and who disclosed the name of the present petitioner. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely roped in the present case on mere suspicion. He further submits that the co-accused Nand Kishore Sahni @ Nata Sahni who had disclosed the name of the present petitioner, has been granted bail by this Court in Criminal Misc. No. 10502 of 2009 vide order dated 1.5.2009. 2 Learned counsel submits that the case of the present petitioner is on better footing. Having regard to the facts and circumstances set forth, let petitioner Pradeep Gowswami be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Khagaria in connection with Saharsa (Banmankhi) Rail P.S. Case No. 28 of 2008 subject to the condition that the petitioner would be cooperating in the trial and that he would be attending the court below on each and every date fixed. The failure on the part of the petitioner to attend the court below on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below would confer liberty on the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. S.Sb/- (Jyoti Saran, J.)