IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21047 of 2009 NAJMUL Versus THE STATE OF BIHAR ----------- 03 18.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 399, 402, 307 of the Indian Penal Code and 25 (1-A) (1-B) 27/35 of the Arms Act. Admittedly, the petitioner was not arrested on the spot. His name transpired through the statement of one accused who was apprehended by the villagers. Occurrence is of the year, 2001. The petitioner has recently surrendered and is in custody since 16.3.2009. This Court, therefore, may justifiably presume for a petty long time he evaded for arrest and remained absconder. Leaned counsel with reference to the statement made in para-11 states that the petitioner has absolutely no criminal antecedent. Looking to all aspects of the matter, this Court is inclined to admit him on bail. In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like 2 amount each to the satisfaction of C.J.M., Katihar in connection with Kadwa (Balia Belon) P.S. Case No. 127 of 2001 subject to the following conditions:- (I) One of the bailors should be the own/close family members of the petitioner. (II) Petitioner shall appear before the court below in person on each date fixed at the trial soon after framing of charge. In case, of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bonds and secure his arrest in accordance with law. P.K. (K. K. Mandal, J.)