IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27271 of 2010 Indal Sah, son of Late Ghanshyam Sah, resident of Village Athpahara, P.S. Dhoraiya, District Banka……………………………………………………………….…..Petitioner Versus The State Of Bihar…………………………………Opposite Party With Cr.Misc. No.22382 of 2010 Sheikh Hamid @ Md. Hamid, son of Safruddin, resident of village Atpahra, P.S. Dhuraiya, District Banka……………………………….…......Petitioner Versus The State of Bihar………………………….Opposite Party ----------- 2 03.11.2010 Heard learned counsels for the petitioners as well as learned counsel for the State. Petitioners are facing trial under Section 302 read with Section 34 of the Indian Penal Code in Sessions Trial No.24 of 2009 and Sessions trial No.371 of 2009 pending in the court of the Additional District & Sessions Judge (Fast Track Court No.IV), Banka. Bail applications of the petitioners were earlier rejected by this Court in the view of the fact that informant and his daughter had claimed to be eye-witnesses of firing done by the petitioners on the deceased i.e. wife of the informant. Trial court was also directed to expedite the trial. Trial having not been concluded, 2 petitioners have renewed their prayer for bail. A report was called for in the second case from the trial court with regard to the steps taken towards disposal of the trial. Report has been received from which it appears that out of 13 witnesses, cited as charge sheet witnesses, 9 have been examined and they have been declared hostile. Repeated steps have been taken by the trial court for appearance of the informant and his daughter, eye-witnesses, but till now they have not appeared to depose in the trial. Petitioners were taken into custody on 04.09.2008 and 28.12.2008, respectively and since then they are in jail. In the circumstances, if the informant and his daughter do not appear in the trial on the next date for recording their evidence, the trial court i.e. Additional Sessions Judge, F.T.C. IV, Banka shall release petitioners of both these applications, namely, Indal Sah and Sheikh Hamid alias Md. Hamid, on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like 3 amount each to its satisfaction in Sessions Trial No.24 of 2009 and Sessions Trial No.371 of 2009 arising out of Dhoraiya P.S. case No.56/2008 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. BT (J. N. Singh, J.)