IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11386 of 2009 LAL MOHAN SHARMA Versus STATE OF BIHAR ----------- 02/ 22.04.2009 Heard learned counsel for the petitioner and the State. The petitioner was granted bail in a Police Case under Section 302 and other provisions of the Indian Penal Code noticing the submission that the allegations of firing were omnibus in Cr. Misc. No. 27164 of 2004 on 16.09.2004. Criminal Misc. No. 31053 of 2006 was then filed by the informant for cancellation of his bail on the submission that the petitioner was resorting to threatening and intimidating witnesses after release on bail, leading to institution of Bakhtiyarpur P.S. Case No. 103 of 2006, in which the allegations were found true and warrant for his arrest had been issued. Notices were issued to the petitioner when none appeared on his behalf leading to the cancellation of the bail. Learned counsel for the petitioner submits that the informant is an accused in Bakhtiyarpur P.S. Case No. 104 of 2006 registered on 26.04.2006 the day that Bakhtiyarpur P.S. Case No. 103 of 2006 was lodged. The allegations in the former are against the informant of having fired at and killed the brother of the petitioner under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The informant, therefore, presented a twisted picture to this Court when the petitioner could not be present to place the full facts. The petitioner continues in custody since 5.9.2007 after cancellation of his bail and only the official witnesses remained to be examined - 2 - when the informant has absconded because of his being accused in Bakhtiyarpur P.S. Case No. 104 of 2006. Let the petitioner Lal Mohan Sharma be released on bail on furnishing bail bonds of Rs.10.000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-3rd, Barh in connection with Sessions Trial No. 924 of 2004 arising out of Bakhtiyarpur P.S. Case No. 61 of 2004. S.Sb/- (Navin Sinha, J.)