IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27103 of 2009 SUSHIL YADAV @ SHUSHIL YADAV, Son of Kanti Yadav, resident of Village- Gangapur, Lutna Basa, P.S. Alamnagar(Ratwara), District- Madhepura......................................................Petitioner. Versus The State of Bihar....................................................Opposite Party. ----------- 04. 09.09.2009. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner is in jail custody since 4.5.2006 in a case under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The bail application of the petitioner was earlier rejected on that ground that the petitioner is said to be one of the assailants who fired at the deceased. The trial of this case has commenced and out of 10 witnesses, 05 witnesses have been examined and rest 05 witnesses including the informant are left to be examined in this case. A report has been received indicating that the informant can not come for his examination as he has taken shelter in another village due to flood in his own village. Considering this aspect of the matter, the petitioner, namely, Sushil Yadav alias Shushil Yadav is directed to 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 the 1st Additional Sessions Judge, Madhepura in connection with Alamnagar(Ratwara) P.S. Case No. 30 of 2003 giving rise to Sessions Trial No. 86A of 2005 with condition that the petitioner shall appear in the trial on each - 2 - and every date as and when required by the court below and if he absents even on a single date without any proper cause, his bail bond shall stand cancelled and one of the bailors should be a close family member of the petitioner and the bailors should file an affidavit indicating that he will produce the petitioner if the petitioner absconds in this case. U.K. (Sheema Ali Khan,J)