IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13852 of 2009 ***** Md. Salman, son of Md. Alamm, resident of village- Kharhara, P.S.Barahat, Distt-Banka. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 13.8.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is in custody since 15.2.2009 in Amarpur P.S. Case No.163/08 registered under Section 341, 323, 324, 307/34 of the Indian Penal Code. On the fard beyan of the informant the present case came to be instituted. The allegation is that one Bijendra Thakur and Md. Salman took the informant on their motorcycle to a lonely place and thereafter they tried to eliminate the informant by cutting his neck. After causing injury the accused fled away, the informant was rescued by a villager and taken to a hospital. Submission of learned counsel for the petitioner is two fold; that the nature of injuries indicated by the Doctor is simple and during the course of trial the informant himself has refused to recognize the present petitioner in the Court and that by itself goes to the root of the matter. So far as the question of grant of bail is concerned otherwise he has remained in custody for almost six months now and, therefore, deserves to be enlarged on bail. Looking at the circumstances as submitted above, let the petitioner, namely, Md. Salman be enlarged on bail on furnishing bail bond in the sum of Rs.10,000/- (Ten Thousand) with two sureties in the - 2 - like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.163/08. One of the sureties will be executed by the father of the petitioner with a direction that the petitioner will be physically present on each and every date before the trial court since the trial has already begun. It will be open to the trial court to deny the privilege of bail to the petitioner, if he breaches any of the conditions or in any manner tries to delay the trial by his conduct. Pawan/- (Ajay Kumar Tripathi, J.)