IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45250 of 2011 ====================================================== Labhendra Kumar Singh @ Harmunna Singh, S/O-Ramendra Narayan Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 2 17-01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 25.05.2011 passed in Cr. Misc. No. 15389 of 2011. The contention of learned counsel for the petitioner is that at the time of passing the order dated 25.05.2011, this Court did not consider the merit of the case and the prayer for bail of the petitioner was rejected only on the ground that he evaded his arrest for more than 15 years. It is further contended by him that anticipatory bail petition of the petitioner was rejected by this Court in the year 2001 and no doubt, the petitioner did not surrender before the court below for near about nine years but now the trial of the petitioner has already commenced and Patna High Court Cr.Misc. No.45250 of 2011 (2) dt.17-01-2012 2/2 altogether four witnesses have already been examined but they have not stated about the involvement of the petitioner in the alleged crime. It is further contended by him that even if, the prosecution story assumed to be true, then also, it was co-accused Yogendra Kumar Singh @ Chunna Singh who put pistol on the forehead of the informant and so far as petitioner is concerned, it is simply stated that he was standing near the place of occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court-I, Khagaria in connection with Sessions Case No. 265 of 2011 arising out of Khagaria P.S. Case No. 371 of 1995 subject to condition that petitioner shall attend the trial court on each and every date in person for the period of nine months or till conclusion of his trial, whichever is earlier and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. SHAHZAD (Hemant Kumar Srivastava, J)