IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30259 of 2009 SUDHIR KUMAR Versus THE STATE OF BIHAR ----------- 3 28.10.2009 Heard learned counsel for the petitioner and learned APP for the State. Earlier the prayer for bail of the petitioner has been rejected twice over because the trial was in advance stage or in delicate stage. The present application has been filed now stating that most of the witnesses including the informant, the I.O. and the Doctor have been examined and the case has been closed in the matter of evidence. Thereafter the prosecution has filed a petition for summoning a witness with a view to delay the conclusion of the trial. From the evidence so far submission of the petitioner is that none of the important witnesses have named this petitioner to be the person who committed the murder of the deceased. The evidence being what it is the petitioner should be given the benefit of bail now and he is willing to cooperate during the balance of the trial by appearing on each and every date fixed in the case in person. After having perused the evidence and the materials on record and keeping in mind that a petition has been filed to summon a witness after the evidence has been closed with no apparent reason, let the petitioner, namely, Sudhir Kumar be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the - 2 - satisfaction of Additional Sessions Judge, Fast Track Court No. IV, Nalanda at Biharsharif in connection with Sessions Trial No. 61 of 2008 arising out of Bihar P.S. Case No. 165 of 2004. One of the sureties will be executed by the blood relation of the petitioner on due identification by the court below. It is further recorded that the petitioner will appear on each and every date fixed in the case before the trial court personally and shall not abscond. If there is any breach, the trial court would be free to take the petitioner into custody. RPS (Ajay Kumar Tripathi, J.)