IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43013 of 2008 SHATRUGHNA SINGH, S/o Late Subbelal Singh, Resident of village – Bahuara, P.S. – Rajapakar, District - Vaishali Versus THE STATE OF BIHAR ----------- 3. 9.2.2009 Heard Sri Shyam Sunder Sinha Shyam, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The earlier prayer for bail of the petitioner was dismissed by an order contained in Annexure – 1. The petitioner has taken a plea that the recovery was not directly from him. This contention was made on account of the fact that the FIR also indicates that the petitioner was not sitting in the three wheeler and the contention is that the petitioner does not know driving and he had led the tempo out to someone for running it. As may appear from the earlier rejection order the court had dismissed the prayer for a particular period. The petitioner is in custody since 16.4.2007 and it is contended that in spite of framing of charges no witness has turn up till date. Let petitioner Shatrughna Singh be released from custody on furnishing a bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, East - 2 - Champaran, Motihari in N.D.P.S. Case No. 82 of 2004, Raxaul P.S. Case No. 138 of 2004 with following conditions:- 1.That the petitioner shall remain physically present in court on all dates to be fixed in the case; 2. That any report made against the petitioner of indulging in same offence shall be sufficient for canceling his bond and remanding him to custody. DKS/ (Dharnidhar Jha, J.)