IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44031 of 2009 RAM JATAN MAHTO S/O LAKHAN MAHTO, R/O VILL-PUSHO, P.S-BITHAN, DISTT- SAMASTIPUR… …. PETITIONER Versus THE STATE OF BIHAR…. …OPPOSITE PARTY For the Petitioner: Mrs. Soni Shrivastava, Advocate For the State : Mr. R.P.S. Singh, A.P.P. ----------- 2 21.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 302 and 201 of the Indian Penal Code. It is submitted on behalf of the petitioner that that the trial of the petitioner had been separated and three accused persons including the main accused, Balram Mahto, the father of the deceased, as well as Sanjeet Kumar Mahto and Anil Kumar Mahto, who are on similar fooiting, have already been acquitted of the charges vide judgment dated 17.04.2007 and earlier to that they had been granted bail by this Court also. It is further submitted that three witnesses have been examined in petitioner’s case and all of them have been declared hostile. The petitioner is stated to be in jail custody since 25.02.2009. Learned counsel for the State submitted that the 2 petitioner’s trial had to be separated as the petitioner did not surrender in time. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Ram Jatan Mahto, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the court of Shri T.P. Singh, Additional Sessions Judge VI, Begusarai in Sessions Trial No. 605/09, arising out of Gathpura Police Station Case No. 44/02 with further condition that one of the bailors must be close relative or family member of the petitioner. It is further directed that the petitioner shall remain present during the trial on each and every date, save and except his presence is dispensed with in accordance with law, failing which, the trial court shall be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)