IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No. 8483 of 2011 HARI BOL JHA, S/o Late Sudhir Jha, Resident of Village – Anadipur, P.S.- Kahalgaon, District - Bhagalpur . Versus THE STATE OF BIHAR . ----------- 2 23.03.2011 Heard Sri Subodh Kumar Jha, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Addl. Public Prosecutor. This is the second attempt for grant of bail in Sessions Trial No. 351 of 2009, arising out of Kahalgaon P.S. Case No. 382 of 2008, which was registered under Sections 302, 201, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Earlier prayer for bail of the petitioner was rejected only on the ground that trial had already commenced and five witnesses were examined, and accordingly, his bail was rejected on 12.3.2010, vide Cr. Misc. No. 5968 of 2010, directing the Trial Court to conclude the trial expeditiously, and preferably, within a period of nine months from the date of receipt / production of a copy of the order. Learned counsel for the petitioner while referring to order dated 10.2.2011, passed by the learned Trial Court, submits that out of thirteen witnesses, till date, only eight witnesses have been examined. On earlier occasion, when bail was rejected, five witnesses had already been examined. 2 Learned counsel for the petitioner further submits that after rejection of prayer for bail of the petitioner on 12.3.2010 other accused persons of the present case, almost in similar circumstances, had approached this court for grant of anticipatory bail, which has been allowed on 30.6.2010, vide Cr. Misc. No. 20925 of 2010. By the said order, it was submitted, that co- accused Bharat Bhusan Jha @ Laddu Jha, Laxman Yadav and others have been granted privilege of anticipatory bail. This fact has not been disputed by learned Addl. Public Prosecutor. In view of changed circumstances, i.e. grant of anticipatory bail to other co-accused, almost in similar circumstances, there is no reason to deny the prayer for bail of the petitioner. Let the petitioner, Hari Bol Jha, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Fast Track Court No. V, Bhagalpur, in connection with Sessions Trial No. 351 of 2009, arising out of Kahalgaon P.S. Case No. 382 of 2008, with a condition, that on each and every date, the petitioner shall remain physically present before the Trial Court, failing which, his bail bond shall stand automatically cancelled. However, in case of 3 exigency, on prior permission of the Trial Court, the petitioner can remain absent on a particular date. Praful ( Rakesh Kumar, J.)