IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43971 of 2008 ASHU SINGH, S/o- Ram Sewak Singh, R/V- Bhadrar, P.S.-Banka, District- Banka :---- petitioner Versus STATE OF BIHAR:------Opposite Party ----------- 3. 27.11.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 302 and other allied Sections of the Penal Code and Sections 3 and 4 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. It is submitted on his behalf that his earlier attempt for grant of bail was refused by another Bench of this Court under orders dated 22.05.2008 passed in Cr. Misc. No. 4285 of 2008, Annexure-1 with liberty to apply after completing one year in jail custody. It is submitted that others named in the First Information Report also moved this Court along with the petitioner and their application was also rejected with observation to apply after one year in jail custody and no sooner they completed one year in jail custody, they were admitted to the privilege of bail by this Court. Similar request has been made in this case. Earlier on 25.11.2008 informant appeared through counsel and submitted that those who have been released on bail are pressurizing him not to come to the witness box to depose. In the light of such submission of the counsel for the informant this Court asked him to furnish the next date fixed in the trial so that direction may be issued to examine the informant on a particular day. Learned counsel for the informant in response to such direction has informed this Court that the next date fixed in the trial is 03.12.2008 on which date another - 2 - witness is scheduled to be examined and the informant shall be examined on the date fixed thereafter. Having heard counsel for the parties, I direct the court below (1st Additional Sessions Judge, Bhagalpur) to examine the informant of the present case on the next date fixed in the case (S.Tr.No. 340 of 2008, arising out of Banka P.S.Case No. 302 of 2007) after 03.12.2008 on which date counsel for the informant states that the informant shall be available for his examination without making any pretext. This application is, accordingly, disposed of with direction to the court below to examine the informant on the next date fixed after 03.12.2008 and after completing the examination and cross- examination of the informant, petitioner, namely, Ashu Singh be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Bhagalpur in connection with Banka P.S.Case No. 302 of 2007. P.K.P. (V.N.Sinha,J.)