IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13640 of 2010 JALANDHAR SINGH, SON OF RADHA SINGH, RESIDENT OF VILLAGE-ISIA, P.S. CHAINPUR, DISTRICT-KAIMUR AT BHABUA………….PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ---------- For the Petitioner : Mr. Rajni Kant Pandey, Advocate. For the State : Mrs. Veena Kumari Jaiswal, A.P.P. ----------- 5. 4.8.2010. Learned counsel for the petitioner files supplementary affidavit. Let it be kept on record. I have perused the report of the trial court, kept at flag ‘A’. 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 302 and 120-B/34 of the Indian Penal Code besides Section 27 of the Arms Act. The petitioner’s prayer for bail was earlier rejected by this Court vide order dated 7.10.2009 passed in Criminal Misc. No.9994 of 2009. However, it was observed therein that the bail is being dismissed at that stage. - 2 - It has been submitted on behalf of the petitioner that though the petitioner has been named in the First Information Report as the informant had stated therein that after hearing the sound of the gun shots when she came to the spot she found her husband fallen on the ground and the petitioner and the co-accused Guddu Ram were standing nearby with fire arms in their hands. However, in her further statement, recorded during the course of investigation, she has stated that she heard from one Horil that her husband had been killed and when she came to the spot, then she saw the persons including the petitioner alongwith the fire arms. Now, it is urged on behalf of the petitioner that about six prosecution witnesses have been examined during the course of the trial including the informant and all of them have only named co-accused, Shiv Murat Ram, Guddu Ram and Sanjay Ram as participant in the occurrence and none of them have named the petitioner as having been involved in this case in any manner. Learned counsel for the petitioner has brought the copies of the depositions of the witnesses on record. It is further submitted that the petitioner is in custody since - 3 - 28.11.2008. Having regard to the facts and the circumstances of the case, the petitioner, Jalandhar Singh, 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 C.J.M., Kaimur at Bhabua, in connection with Chainpur P.S. Case No.98 of 2008, with a further condition the petitioner shall remain present all along 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 reasonable cause, the court concerned would be at liberty to take steps for cancellation of his bail bonds. It is made clear that the trial court shall proceed with the trial and dispose of the same on its own merit in accordance with law without being prejudiced by any observation or finding of this Court made in this order. P.S. (Dr. Ravi Ranjan,J)