IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.262 of 2010 RAMESHWAR PRASAD, son of late Badri Prasad Sah, resident of village Jai Prakash Nagar, P.S. Duraundha, District – Siwan …. Petitioner Versus STATE OF BIHAR … Opposite party ----------- For the petitioner : Mr. A.K.Thakur, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ------ 3 08.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 341, 323, 326, 384, 307 and 504 of the Indian Penal Code. As per the allegation set up in the first information report, some body has thrown the victim boy from the train due to which he sustained injury and one of his legs has to be amputated. It is submitted on behalf of the petitioner that petitioner is a constable in Railway Protection Force. In fact, the boy, who was traveling without any ticket and money tried to escape after seeing him in uniform and in that process he went out of the compartment as a result he received injuries. It is also submitted that the petitioner is not named in the 2 first information report and initially when the petitioner along with other persons was produced before the victim boy, he could not identify him. However, the petitioner alone was again produced before the boy then he is said to have identified the petitioner. Learned counsel submits that the whole process of identification creates doubt. Petitioner is stated to be in custody since 13.9.2009. In the facts and the circumstances of the case, the petitioner, RAMESHWAR PRASAD, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Sonepur (Chapra/Saran) in connection with Muzaffarpur Rail P.S. Case No. 59 of 2009, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further the petitioner shall remain present in the court below on each and every date during the 3 course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)