IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14763 of 2010 SUBHAS SAO @ SUBHASH SAH @ SUBHAS SAO, son of Rajendra Sao, resident of village Laxmipur, P.S. Surajgarha in the district of Lakhisarai. Versus THE STATE OF BIHAR . ----------- 2 5.10.2010 Heard counsel for the petitioner and counsel for the State. Prayer for bail of the petitioner was earlier rejected by this Court on 8.12.2009 in Cr. Misc. No.35545 of 2009 on merits. Counsel for the petitioner, however, would submit that thereafter this Court has granted bail to two other co-acused, namely, Ram Krit Ram and Raj Kumar Ram by a common order dated 6.1.2010 in Cr. Misc. No.29038 of 2009 with Cr. Misc. No.31576 of 2009. He has further submitted that the two persons who had claimed to have identified the petitioner in paragraph nos. 14 and 15 of the case diary had since been examined by the court below in course of trial and they have not identified the petitioner. He has further invited attention of this Court towards paragraph 14 of the bail application wherein it has been asserted that the petitioner has got no criminal antecedent. That being so, as the co-accused having identical allegations have been directed to be released on bail and the circumstances that had weighed earlier for rejecting the prayer for bail of the petitioner also no longer exist, this Court would direct that the petitioner, namely, Subhas Sao @ Subhash Sah @ Subhas Sao should also be released on bail on furnishing bail bond of 2 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J./ F.T.C. IV, Lakhisarai in S.C. No.672 of 2009 arising out of Jhajha Rail P.S. case No.16 of 2009 subject to the following three conditions:- (i)The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii)The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii)The petitioner in case is now made accused in any other criminal case that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. Abhay Kumar ( Mihir Kumar Jha, J.)