IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37643 of 2010 RANJEET SONAR . Versus STATE OF BIHAR . ----------- 4/ 12/01/2011 Heard learned counsel for the petitioner and learned counsel for the State. In a prosecution under Section-302 of Indian Penal Code the prayer for bail was rejected earlier on 31.8.2009 noticing that he is alleged to have fired from an automatic AK-47 and that he had an antecedent of eight more serious offences. Renewing the prayer for bail it is submitted that as per the counter affidavit filed by the police department, the informant was an absconder on the date that he lodged the First Information Report for over last 7 to 8 years and yet he was permitted to institute the First Information Report without any action against him. Twelve witnesses have deposed who have not supported the prosecution. There is no likelihood of the informant being brought for his deposition when he was not arrested while lodging the First Information Report itself. The petitioner continues in custody since 27.4.2007. There is no likelihood of the trial being concluded at an early date because of delay attributable to the informant himself. - 2 - Considering the facts and circumstances of the case, let the petitioner be enlarged on bail, but keeping in mind the nature of allegations and his antecedents the Court considers it proper to fix his bail- bonds of Rs.50,000/- (fifty thousand) along with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, III, Barh in Sessions Trial No.1361/06 arising out of Mokama P.S. Case No.76/03. The photograph and proof of residence of the sureties shall be appended to the bail-bonds which shall be verified through the local police before final acceptance. Both the sureties must be his brother Sawan Kumar, the deponent to the present affidavit and his father Shri Krishna Prasad. In the event of the petitioner evading appearance on a single date apart from the appropriate steps that may be taken for cancellation, the trial court shall also be at liberty to proceed against the bailors, if considered necessary, a fact which shall be explained to the bailors before accepting their sureties. KC ( Navin Sinha, J.)