Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4004 of 2012 ====================================================== 1. Dinbandhu Singh S/O Janki Singh, Resident Of Village- Deokali, P.S- Dhanarua, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 14-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.2205 of 2008 arising from Dhanarua P.S.Case No.145 of 2008 for the offence punishable under [STATUTE] and section 27 of the Arms Act. The petitioner has been charged with having fired at the son of the informant who died during the course of treatment. The first application of the petitioner bearing Cr.Misc.no.34922 of 2009 was dismissed on 26.10.2009. The second application bearing Cr.Misc.No.24678 of 2010 was Patna High Court Cr.Misc. No.4004 of 2012 (3) dt.14-03-2012 2 dismissed on 14.7.2010. The third attempt of the petitioner in Cr.Misc.no.3841 of 2011 was dismissed on 30.3.2011 with a direction to the trial court to expedite and conclude the trial in terms of its report dated 23.3.2011 with a liberty to the petitioner to renew his prayer for bail if the trial is not concluded within nine months from the date of the order. The present application is fourth in the line of the applications filed by the petitioner. A status report was called for by this court by order dated 8.2.2012 and which has since been received from the trial court and in which it is stated that out of 8 prosecution witnesses, 6 were examined as back as on 2.8.2011 and whereafter the prosecution has not produced the remaining two witnesses, i.e the informant and the doctor. It is further mentioned that the bailable warrant of arrest has been issued against the witnesses and the matter has been fixed for 1.3.2012. Learned counsel for the petitioner submits that none appeared on the said date for evidence. Regard being had to the circumstances and the period of custody, let the petitioner Dinbandhu Singh 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 Patna High Court Cr.Misc. No.4004 of 2012 (3) dt.14-03-2012 3 Additional Sessions Judge, VIII, Patna in connection with Sessions Trial No.2205 of 2008 arising from Dhanarua P.S.Case No.145 of 2008, subject to the condition that the petitioner shall be personally present before the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to present himself before the trial court on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. ahk/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.