IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28623 of 2010 SURENDRA TIWARY, S/O LATE BARMESHWAR TIWARY, R/O VILLAGE-BARKI, NAINIJORE, P.S- BRAHMAPUR, DISTT.- BUXAR. …………PETITIONER. Versus THE STATE OF BIHAR. …………OPPOSITE PARTY. ----------- 04/ 09.03.2011 Heard counsel for the parties. Prayer for bail of the petitioner was earlier rejected by the order of this Court dated 09.09.2009 in Criminal Miscellaneous No. 32071 of 2009. Counsel for the petitioner has submitted that though the petitioner is in custody since 23.07.2009 i.e. for a period of over one and a half year and even then charges have not yet been framed. He further submits that the petitioner is not the main assailant and in fact persons having similar allegation including Ram Pravesh Rai had been granted bail by this Court in the order dated 09.08.2010 in Criminal Miscellaneous No. 17859 of 2010. Counsel for the State is not in a position to controvert this fact but, then he would submit that the role played by the petitioner while remaining present at the time of place of occurrence cannot be 2 overlooked. In the considered opinion of this Court, when others having similar allegations have already been directed to be released on bail and there is some sort of confusion with regard to causing the fatal injury, the petitioner at least for the purpose of bail would get benefit specially when he has remained in custody for one and a half year. That being so, this Court would direct for release of the petitioner, namely, Surendra Tiwary on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J (F.T.C. VI), Buxar in connection with S.Tr. No. 302 of 2009 arising out of Brahmapur (Nainijore) P.S Case No. 118 of 2009 subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day 3 would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. Ranjan (Mihir Kumar Jha,J)