IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3360 of 2011 KUNAL KUMAR Versus THE STATE OF BIHAR ----------- 02. 02.02.2011 The petitioner has renewed his prayer for bail for renewal of his bail in a case registered under Sections 302, 307/34 of the I.P.C. and Section 27 of the Arms Act. Though initially it was alleged that petitioner and one Pramod took the victim and when the informant followed she found accused persons assaulting the victim and ultimately with the gunshot fire, the victim died. It is submitted by learned counsel for the petitioner that the informant has been examined as P.W. 1 which has been brought on record as Annexure- 3 which reflects that the informant has not supported the prosecution case and she has been declared hostile. The evidence of P.W. 2 has been brought on record who is none else than the father of the informant and he has also not supported the prosecution case and he has also been declared hostile which has been brought on record as Annexure-4. The other eye witness Rajani Kant has been examined as P.W. 6, who in para 17 has admitted that on gunshot firing, he came to the P.O. 2 and found several persons present at the P.O. It is further submitted that since the informant herself has not supported the prosecution case, hence there is no likelihood that prosecution will succeed in proving its case. Moreover petitioner is in custody since 24.12.2009. Considering the aforesaid facts, let the petitioner namely Kunal Kumar, 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 1st Additional Sessions Judge, Patna City, Patna in connection with Sessions Trial No. 1190 of 2010 arising out of Agamkuan P.S. Case No. 267 of 2009. Learned Trial Court will be at liberty to cancel the bail bond of the petitioner, if the petitioner fails to appear on three consecutive dates. Shageer ( Dinesh Kumar Singh,J.)