IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37027 of 2009 BIMLESHWAR RAI @ HIMACHAL RAI, Son of Late Ram Nagina Rai resident of village – Bodarhi, P.S. Dawath, District – Rohtas. …. Petitioner. Versus THE STATE OF BIHAR …. O.P. ----------- 02/ 11.11.2009 Prayer for bail on behalf of petitioner Bimleshwar Rai @ Himachal Rai was earlier rejected by order dated 15.5.2009 passed in Cr. Misc. No. 11084 of 2009. Liberty was given to the petitioner to renew his prayer for bail after examination of the informant. Counsel for the petitioner submits that after rejection of petitioner’s prayer for bail a petition under Section 319 Cr.P.C. was filed by the informant for summoning one Alok Rai as an accused, that was allowed by order dated 24.8.2009. In the change circumstance, there is all possibility that the informant will not be examined as a witness in near future, even if the order passed on a petition under Section 319 Cr.P.C. is not challenged. Petitioner has remained in custody for one year. Altogether four witnesses have been examined. Considering these facts, prayer for bail on behalf of petitioner, namely, Bimleshwar Rai @ Himachal Rai is allowed. He is directed to be released on bail on furnishing - 2 - bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. IV, Rohtas at Sasaram in connection with Sessions Trial No. 07 of 2009 arising out of Dawath P.S. Case No. 123 of 2008, subject to the condition that he will appear for participating in the trial on day-to-day basis and will not make himself absent without showing any cause or without permission of the court. DKS/ (Mridula Mishra, J.)