IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38484 of 2009 MOTILAL SAH son of Ram Briksh Sah, resident of village- Shyamal Khira, P.S.-Kochas, Dist.-Rohtas (Bihar) Versus STATE OF BIHAR ----------- 3. 10.3.2010. Heard Mr. Rajesh Kumar Singh, learned counsel for the petitioner and Mr. Uma Shanker Prasad Singh, learned counsel for the State. The petitioner is in custody in connection with Kochas P.S. Case No.54 of 1987 registered for the offences under sections 323, 324 and 307 of the Indian Penal Code and section 27 of the Arms Act. In the first information report there is specific allegation against the petitioner regarding firing. In this case the petitioner was declared permanent absconder and after twenty years he could be arrested and he is in custody since 27.1.2009. Learned counsel for the petitioner submits that the present case has been lodged due to the reason that the petitioner had filed a title suit against the informant. Learned counsel further submits that the petitioner had gone to Assam for his livelihood. He was doing job there and due to that reason he failed to appear earlier before the court below. Without going into the merit of the case, since the petitioner is in jail for more than one year, it would not be appropriate to keep this petitioner behind the bar without any trial. Accordingly, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like 2 amount each to the satisfaction of Chief Judicial Magistrate, Rohtas (Bihar) at Sasaram in connection with Kochas P.S. Case No.54 of 1987, G.R. No.2137 of 1987 with a condition that he shall remain present in court on each and every date failing which his bail bond shall stand automatically cancelled. However, in case of any exigency, if it is felt that the petitioner may not appear on a particular date then prior permission will have to be taken from the court concerned. Md.S. ( Rakesh Kumar, J.)