IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27511 of 2010 SHANKAR NISHAD Versus THE STATE OF BIHAR ----------- 3 04.08.2010 Heard both sides. Petitioner has renewed his prayer for bail in view of liberty so granted to him by order dated 4.11.2009 (Annexure- 1/B). Petitioner is facing accusations under Section 307 IPC with an allegation that he fired from his pistol causing injury to Nago Nishad on or near his chest. Under order dated 4.11.2009, it was observed that he shall have liberty to renew prayer for bail, if all the prosecution witnesses are not examined within five months. Learned counsel for the petitioner, referring to the order-sheet of the Trial Court, submits that all the prosecution witnesses have not till date been examined. He refers to the deposition of the informant (Annexure-2/C) as also that of the injured (at page 23) and submits that they have not supported the prosecution case. Petitioner seems to be in custody since 26.5.2008. In the facts and circumstances of the case, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-III, Barh, District- Patna in connection with Sessions Trial No. 1646 of 2008 (arising out of Maranchi P.S. case no. 20 of 2008) subject to the following conditions: 2 (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. )