IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28108 of 2010 MAHENDRA SAH SON OF LATE SITA SAH, R/O VILLAGE- MITHANPURA, P.S.- MEHSI, DISTRICT- EAST CHAMPARAN (MOTIHARI) Versus STATE OF BIHAR ----------- 2 04/08/2010 Heard Mr. Sanjay Kumar learned counsel for the petitioner and learned APP for the State. Earlier prayer for bail of the petitioner was rejected vide order dated 21.10.2008 passed in Cr. Misc. No. 40661 of 2008 considering that he is alleged to be the cutter of the neck of the deceased. Submission is that the trial has progressed. Injured witnesses have supported the occurrence but they have not stated that it is the petitioner who has given fatal blow. Deposition of the informant has been annexed here and it has been pointed out that on the basis of the evidence of the informant also it is apparent that the petitioner is not the assailant. He has not seen the occurrence. Another fact has been submitted that though the case was fixed for judgment but vide order dated 9.7.2010 the case was fixed for awaiting report of supplementary chargesheet. Petitioner is in custody since 17.11.2007. Considering the facts and circumstances of the case, the petitioner above named is directed to be 2 released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, F.T.C. No. II/concerned Court, East Champaran at Motihari in Sessions Trial No. 312 of 2008 arising out of Mehsi P.S. Case No. 75 of 2002. avin. (Shyam Kishore Sharma, J.)