IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2535 of 2011 ALI HASSAN @ ALI HASSAN NADAF Versus THE STATE OF BIHAR ----------- 2 09.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Learned counsel for the petitioner seeks and is permitted to make necessary correction in prayer portion of the bail petition during course of the day. The petitioner seeks bail in connection with Simri P.S. Case No. 138 of 2002 registered under sections-395 & 397 of the Indian Penal Code. Admittedly, neither petitioner is named in the above- said case nor anything has been recovered from his conscious possession. It appears from perusal of the impugned order that learned Additional Sessions Judge refused to release the petitioner on the ground that while the petitioner was being taken to be produced before the court situated at Madhubani district, he escaped from the custody of the police. Admittedly, for the above act of the petitioner, a separate case has been instituted. Furthermore, it appears that the present case was instituted in the year, 2002 whereas the petitioner suo motu surrendered before the lower court on 18.09.2010. The submission of learned counsel for the petitioner is that admittedly, the petitioner had been lodged in jail under the - 2 - jurisdiction of Madhubani district and as a matter of fact, the petitioner was not aware about the institution of the present case and as soon as he came to know about the institution of the present case, he voluntarily surrendered before the learned court below. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, namely, Ali Hassan @ Ali Hassan Nadaf be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 509 of 2010 arising out of Simri P.S. Case No. 138 of 2002 to the satisfaction of Additional Sessions Judge-IInd, Darbhanga. AKV/- (Hemant Kumar Srivastava,J.)