IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35542 of 2010 SANJAY CHOUDHARY, son of late Naresh Choudhary, resident of village- Garhi Rampur, Police Station- Naya Ram Nagar, District- Munger….. Petitioner. Versus STATE OF BIHAR ----------- 2. 28.10.2010 Having heard learned counsel for the petitioner and learned counsel for the State as also taking into account that the prayer for bail of the petitioner for an offence under Section 302 and allied offences under Indian Penal Code was earlier rejected by order dated 11.11.2009 in Cr. Misc. No. 38528 of 2009 by giving a liberty to the petitioner to renew his prayer before the trial court after completing further judicial custody of 9 months and that such prayer for bail of the petitioner was primarily rejected on account of his being absconder for a period of seven years, this Court having now noticed from the impugned order of the court below (trial court) that it is primarily the official witnesses who have been delaying the conclusion of trial in a case in which allegation of causing fatal gunshot injury on the deceased Ram Balak Yadav is actually against Nawal Yadav where as co- accused Upendra Yadav and Bibhisan Yadav are said to have caused gunshot injuries on the person of Ganesh 2 Yadav and that a person alike the petitioner having omnibus allegation namely Balmeeki Chaudhary was released on bail by an order of this Court dated 31.3.2003 after being detained in custody only for a few months, is inclined to direct for his release on bail specially when the learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent. That being so, the court below after making verification of criminal antecedent of the petitioner namely, Sanjay Choudhary and on finding that he has no criminal antecedent would release him on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ADJ-cum- F.T.C.-1, Munger in connection with Sessions Trial No. 807 of 2009 arising out of Naya Ramnagar Police Station Case No. 153 of 2001, subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even 3 for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. kanchan (Mihir Kumar Jha, J.)