IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3232 of 2011 MALLIK PANDEY SON OF SAMBHU PANDEY, RESIDENT OF VILLAGE MIRPUR, P.S. CHIRAIYA, DISTRICT-EAST CHAMPARAN……………PETITIONER. Versus THE STATE OF BIHAR……………….OPPOSITE PARTY. For the Petitioner : Mr. Neeraj Kumar, Advocate For the State : Mr. Umesh Lal Verma, A.P.P. ----------- 3 06.04.2011 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 147, 148, 149, 323, 504, 307 and 302 of Indian Penal Code. The prayer of the petitioner for bail had earlier been rejected vide order dated 1.4.2010 passed in Criminal Misc. No.10389 of 2010. However, liberty was granted to the petitioner to renew his prayer for bail after nine months, if the trial is not concluded within the aforesaid period. From perusal of the report regarding the stage of the trial, kept at flag ‘X’, it appears that the trial is still pending after framing of charge on 23.9.2010. Learned counsel for the petitioner submits that though there is allegation upon the petitioner of inflicting 2 farsa blow upon the deceased, however, post mortem report does not support the allegation as the injury was found to be caused by only hard and blunt substance. It is submitted that the statement of one of the injured, namely, chanrdev Sah, has also been recorded by the police, which is available at paragraph-62 of the case diary and he has stated therein that in fact, the co-accused Manoj Pandey, had inflicted farsa blow upon the deceased. The petitioner has remained in custody since 18.7.2009. Having regard to the facts and the circumstances of the case, the petitioner, Mallik Pandey, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.D.J. 7th , East Champaran, Motihari, in connection with Sessions Trial No.504/2010 (Chiraiya P.S. Case No.122/09), with a further condition that the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation 3 of his bail bonds. It is also made clear that the trial court shall proceed with the trial of the case on its own merit without being prejudiced by any of the observations or findings recorded by this Court. P.S./Sanjay-II ( Dr. Ravi Ranjan, J)