IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21924 of 2010 PREMLAL SAHNI @ PREMA SAHNI Versus THE STATE OF BIHAR ----------- 2. 01.7.2010. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Moro P.S.Case No.17 of 2009 for offence punishable under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the name of this petitioner has been given by the wife of the deceased who has stated that the deceased before dying had informed her that this petitioner along with the others had assaulted him. Learned counsel, with reference to the deposition of the informant made during the course of trial and placed at Annexure-2 series, submits that the informant herself has stated that when she reached the place of occurrence, her husband had already expired. Learned counsel thus submits that in that view of the matter, the initial statement given by the informant at the stage of institution of the case becomes doubtful. He further with reference to the 2 impugned order submits that the court below has accepted the fact that four material witnesses had been examined and who had not supported the case of the prosecution. Taking into consideration the submission of the learned counsel for the petitioner, let the petitioner Premlal Sahni alias Prema Sahni be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Darbhanga in connection with Sessions Trial No.77 of 2010 arising from Moro P.S.Case No.17 of 2009, subject to condition that the petitioner would be present before the trial court on each and every date fixed in the trial and in case the petitioner would not present himself on two consecutive dates fixed in the trial, the trial court would be at liberty to initiate proceeding for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran, J.) 3