IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35428 of 2010 PAPPU KUMAR @ PAPPU YADAV Versus STATE OF BIHAR ----------- 03/- 07-03-2011 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. From perusal of the status report of the case received from the court below, it appears that the trial is at its fag end. Out of thirteen cited witnesses in the charge-sheet ten have already been examined. Only three including the informant remained to be produced by the prosecution. The court below was expecting the conclusion of the trial within two months if such witnesses are produced. Learned counsel for the petitioner is not in a position to make this court aware where informant could be examined or not till today. Considering the facts and circumstances of the case and period of 7/8 years given in the fardbeyan as the period of marriage of the deceased with the petitioner. In the event of any deliberate evading attitude of the informant to appear before the court as witness. The petitioner namely, Pappu Kumar @ Pappu Yadav, shall be released on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. I, Nalanda at Bihar Sharif, in connection with S.T. No. 177 of 2008, arising out of Chandi P.S. Case No. 104 of 2006. Subject to condition 2 to attend the court regularly at least for two years or till disposal of the case, whichever is earlier, and in the event of failure on three consecutive dates, the privilege granted shall be deemed to be cancelled. But at the same time, it is further made clear that if no step is taken by the court or prosecution to produce the informant all due steps must be taken to procure attendance of the informant as witness and on his examination within a month the petitioner is at liberty to renew the prayer before the trial court who on examining the circumstances pass appropriate order in accordance with law. Praveen/- (Akhilesh Chandra, J.)