IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39978 of 2009 MD.MINTU @ AKBAR @ MINTU SON OF LATE ASHRAF RESIDENT OF MOHALLA KHAN MIRZA,P.S.SULTANGAJ,DISTRICT PATNA Versus THE STATE OF BIHAR For the petitioner Mr.Shakeel Ahamd Khan,Sr.Advocate For the State : Mr.Arun Kumar Singh, Addl.P.P. ----------- 2/ 18.11.2009 Heard learned counsel for the parties. Earlier the prayer for bail of the petitioner was rejected twice. In the second rejection order, the petitioner was granted liberty to renew his prayer for bail if the informant does not support the prosecution version in course of trial. According to first information report, the informant had received telephonic information through Md.Tinku regarding killing of his son. Thereafter, the informant rushed to hospital and found his son dead. He later on filed protest petition in which he has given similar version of telephonic information that he came to know through Md.Tinku regarding killing of his son by the petitioner and others. Submission is that the informant is not an eye witness of the occurrence. Witness Md.Tinku has been examined in trial as P.W.5 2 and in paragraph 5 of deposition he has not supported the allegation and has been declared hostile. Considering the facts and circumstances of the case, let the above named petitioner 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 Additional Sessions Judge VIII, Patna in Sessions Trial No. 1760 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)