IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30251 of 2009 JASWANT SINGH Versus STATE OF BIHAR ----------- 05/ 06-11-2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is an accused in Motihari Town P.S. Case No. 246 of 2005, Trial No. 2773 of 2009 for offences punishable under Section 302, 120B, 387, 212 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. rather his name transpired during the course of investigation on the basis of the statement made by one Rahul Singh and Pankaj Singh. It is further submitted that Laxmi Singh and Mohan Singh after facing trial for sentence of the murder, came to this Court in Criminal Appeal No. 1152 of 2007 (D.B.) and Criminal Appeal No. 1338 of 2007 (D.B.) disposed of on 3.9.2008, whereby sentence of Laxmi Singh has been modified to undergo rigorous imprisonment for life and the sentence of Mohan Singh to undergo rigorous imprisonment for life has not been interfered and that Pankaj Singh has been acquitted by the trial court itself. He further submits that Rahul Singh has been granted bail by this Curt in Criminal Misc. No. 16905 of 2008 vide order passed on 20.5.2008. Learned counsel submits that the name of the petitioner has transpired on the - 2 - basis of statement made by the said Rahul Singh and Pankaj Singh, whereas Pankaj Singh stands acquitted of the charges, Rahul Singh has been granted bail. He submits that the case of the petitioner also stands on similar footing. He further submits that the petitioner is in custody since 18.7.2008. Considering the facts and circumstances, let petitioner Jaswant Singh 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 Sri. L.B. Singh, the Judicial Magistrate, Ist Class, Motihari, East Champaran in connection with Tr. No. 2773/09 arising from Motihari Town P.S. Case No. 246 of 2005 subject to the condition that petitioner would be attending the court below on each and every date fixed and the failure on the part of the petitioner to attend the court below on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the trial court would grant liberty to the court below to initiate proceedings for cancellation of his bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)