IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19921 of 2009 BARMA SAHNI, SON OF SRI DAYALI SAHNI, RESIDENT OF VILLAGE- BANPARUA, P.S.- DUMARIA GHAT, DISTRICT- EAST CHAMPARAN.----- PETITIONER Versus STATE OF BIHAR ----------- 2 11.6.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is an accused in a case under Section 302/34 of the Indian Penal Code. The informant on the basis of statement of Hari Kishan Paswan has alleged that the petitioner was the main assailant in this case. The other witnesses examined in this case have made omnibus allegations against all the accused persons. Subsequently, the informant has been examined in the Court during the trial and she too had made an omnibus allegation that all the accused persons fired on the deceased. The main witness Hari Kishan Paswan has died as would appear from the statement made in the bail application. Petitioner’s bail application was earlier rejected on two occasions. On 22.5.2008 this Court observed that the petitioner may renew his prayer for bail after the informant and Hari Kishan Paswan are 2 examined during the trial of the case. Considering the submissions made on behalf of the petitioner that there is omnibus allegation against all the accused persons and the fact that the petitioner has remained in custody since 5.4.2005, he (Barma Sahni) is directed to be released on bail in connection with Dumaria Ghat P.S. Case No. 77 of 2004 giving rise to Sessions Trial No. 536 of 2005 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C.-II, Motihari, East Champaran with the condition that (a)one of the bailers should be a close family member of the petitioner and (b)the petitioner should appear on each and every date during the trial as and when required by the Court and if he absents himself even for a single date without reasonable cause his bail bond shall stand cancelled. Sanjay (Sheema Ali Khan, J.)