IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41565 OF 2009 SANJAY KUMAR, SON OF CHANDRA SHEKHAR PRASAD, RESIDENT OF VILLAGE LAL CHAUK, MAIN ROAD, POLICE STATION NAWADA, DISTRICT NAWADA VERSUS THE STATE OF BIHAR ********* 3 31/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Sections 406/34, 394 and 364/34 of the Indian Penal Code. Earlier, the prayer for bail on behalf of the petitioner was rejected twice, by orders dated 11.04.2007 passed in Criminal Misc. No. 14463 of 2007 and on 12.11.2008 passed in Criminal Misc. No. 37916 of 2008. On the confessional statement of the petitioner, it is said that 151 Quintals of Mung Dal were recovered from the godown of another person. It is also stated that the petitioner has confessed and has stated that he had killed the driver & the khalashi of the truck, which was looted. Learned Counsel for the petitioner submits that infact there is no seizure list which would substantiate the recovery of Mung Dal as per the confessional statement. It is further submitted that the Investigating Officer of the case has not taken any steps 2 for recovering the dead bodies from the river although the petitioner is said to have confessed that the bodies were thrown in the river. Therefore, both parts of the confessional statement, according to the Counsel for the petitioner, become falsified by the investigating report. This Court had called for a report from the Court below regarding the progress of the case as per the report received, it appears that the petitioner is in custody in Beur Jail at Patna and although charges have been framed, the case is not making any progress due to the fact that the Superintendent of Jail, Beur is not sending the petitioner to the Samastipur Jail for his production during the trial. The petitioner is accused in another case instituted under Section 414 of the Indian Penal Code and is lodged in Beur Jail at Patna. The petitioner is the resident of Nawada district. Considering all aspects of the matter, the above named petitioner is directed to be released on bail in Warisnagar (Mathurapur O.P.) Police Station Case No. 111 of 2006 (Sessions Trial No. 477 of 2007) on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Fast Track Court No. V, Samastipur subject to the following conditions. 3 (a) Both the bailors should be family members of the petitioner which would mean that they would be resident of Nawada district. (b) The photographs of both the bailors should be affixed on the bail bonds. (c) Both the bailors should give an undertaking in writing before the Court below along with the bail bond that they will produce the petitioner as and when required by the Court. (d) The petitioner after his release in the case in which he is lodged in Beur Jail, Patna should present himself before the Court at Samastipur on each and every date and if he is absent even for a single date without any reason to the satisfaction of the Court below, his bail bonds would be cancelled. Anand ( Sheema Ali Khan, J.)