IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25057 of 2011 Rajesh Kumar Rai son of late Rameshwar Rai @ Sarobar Rai Versus The State Of Bihar ----------- 3. 11.8.2011 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 447, 323, 324, 307, 427, 379, 504 and 506 of the Indian Penal Code. The petitioner was refused bail by an order dated 26.11.2010 since he had assaulted the informant on the head, who intimidated him from giving evidence in the earlier case instituted by him. The petitioner has renewed his prayer for bail since he is in custody since 7.7.2010 and charges have been framed on 25.3.2011, despite which not a single witness has been examined on behalf of the prosecution who purposely has delayed the trial and there is a long land litigation between the parties and for the present occurrence also a counter version was given by the co-accused. It is also brought to the notice of the court that in the earlier case the informant has already deposed on 26.5.2011. The Counsel for the informant has no explanation as to why it has not examined any witness after framing of charge but assures this Court that the informant will be examined as a first witness on the next date. - 2 - Considering the same, let the petitioner above named, be released on bail after examination of the informant on the next date as prosecution witness no.1 on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town (Ratanpur) P.S. Case No. 236 of 2009, subject to the conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner, (ii) That the petitioner shall be physically present on each date in trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In case there is any complaint against the petitioner of tampering with evidence, steps shall be taken for cancelling his bail. Narendra/ ( Anjana Prakash, J. )