(1.) Bail application filed by Upendra Kumar Pandey, is moved by Sri B.M. Tripathi, learned senior counsel for the petitioner and opposed by Sri V.S. Jha, learned APP.
(2.) Earlier the bail prayer of petitioner rejected on 23.11.2009 after considering that petitioner has also participated in the commission of present crime. However, it appears from the impugned order that petitioner was not the assailant of deceased rather he helped the main assailant in escaping from the place of occurrence. From perusal of status report at flag' T', I find that up till now the charge has not been framed. The petitioner is in custody from 21.06.2009.
(3.) Considering the aforesaid facts and circumstances, I direct the court below to enlarge the petitioner, above named, 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 Sessions Judge, Palamau, in connection with Sadar (Sahar) P.S. Case No. 226 of 2009 corresponding to G.R. No. 898 of 2009 (S.T. No. 108 of 2010).