IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21830 of 2009 SADHU MANJHI Versus STATE OF BIHAR ----------- 3 27.08.2009 Petitioner is an accused of a case initially registered under Section 307 Indian Penal Code but subsequently Section 302 IPC was added. Allegation as per the F.I.R. is that he fired at the informant. Further allegation is that the petitioner as well as one Rajouli Manjhi fired at the brother of the informant. The brother of the informant subsequently succumbed to the injury sustained by him. It is next contended that the petitioner is in custody since 15.7.2004. It is next contended that co-accused Rajouli Manjhi has been granted bail by this court. Under order dated 14.7.2009, a status report was called for which has been sent to and received in the office of the court and the same is at Flag-X of the record. It appears that up till now only four witnesses out of 18 charge-sheet cited witnesses have been examined. Having regard to all the circumstances appearing from record, this court, while declining the prayer of petitioner for grant of bail, disposes of the present application in the following manner: Let the trial court conclude examination of all the prosecution witnesses on or before 30th November, 2009 failing which the trial court shall release the petitioner on bail on 2 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with S.T. No. 659 of 2004 (arising out of Silao (Nalanda) P.S. case no. 122 of 2004 subject to the following conditions: (i) One of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )