IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20890 of 2010 UPENDRA RAI, son of Late Ram Narayan Rai, village Nagatola Goriya Asthan, PS Maner, district Patna – Petitioner. Versus THE STATE OF BIHAR . ----------- 5 6.4.2011 The petitioner’s prayer for bail under sections 302/34 of the Penal Code was rejected on two earlier occasions by this court. The allegations are that nine persons went and fired indiscriminately resulting in the death of one person. There are five gun shot injuries on the body of the deceased. Learned counsel for the petitioner submits that petitioner is in custody since 24.2.2007 in this case. By the order of this court the trial of the petitioner along with four other accused persons has been separated and the counsel informs this court that charges have been framed. I accordingly direct the Additional District Judge II, Danapur to expedite the trial by ensuring that notices are issued to all the witnesses. The Officer Incharge of Maner police station is directed to take steps to ensure the presence of the witnesses in Maner PS Case No. 118/2004. A copy of this order may be handed over to the A.P.P. Incharge of this case so that it may be communicated to the Officer Incharge, Maner police station or the police station where the witnesses reside. The court further directs the trial court to forward a copy of this order to the Superintendent of Police, the 2 approximate date on which the I.O. and the doctor would be required to be present. In fact the doctor if available can be examined even before the other witnesses are examined in the case. I also direct that the petitioner should be released on bail in Maner PS Case No. 118/2004 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of Sri Ajit Kumar Sinha, Judicial Magistrate, 1st Class, Danapur, Patna subject to the conditions that the photographs of both the bailers should be affixed on the bail bond, the wife of the petitioner would be one of the bailer, the bailers should give an undertaking that they would be responsible for appearance of the petitioner on each and every date on which he is required in court. The petitioner would not be permitted to leave the district without the permission of the court and he should cooperate with the court and appear on each and every date as and when required by the court and if he absents himself without any cause, his bail bond should stand cancelled. One of the bailer should be a close relative of the petitioner who is not accused in the present case. haque ( Sheema Ali Khan, J.)