IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32321 of 2009 SAGAR SAH SON OF LATE SUKHDEO SAH, RESIDENT OF VILLAGE LAKSHMINIYAN, P.S. LAUKAHI, DISTRICT MADHUBANI. Versus STATE OF BIHAR ----------- 6. 23.2.2010. Heard Mr. Manoj Kumar Jha, learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in Marouna P.S. Case No.43 of 2006 for the offence under Section 302/34 of the Indian Penal Code. As per F.I.R., the petitioner was named as one of the accused by the informant. The informant stated that she along with her husband was sleeping and after hearing sound of three firing, she awoke and then she saw the petitioner along with two others were fleeing away. Subsequently, during investigation, petitioner was arrested and after investigation, charge sheet was submitted. Petitioner has been put on trial. Earlier a report from the court below was called for regarding the stage of the case. Report has been received which indicates that even though non bailable warrant of arrest has been issued for securing attendance of the witnesses, none has turned up to depose in this case. - 2 - N.H./ The petitioner is in custody since 13.6.2007 and accordingly, it would not be proper to keep the petitioner behind the bars without trial further and as such let the petitioner above named be enlarged on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, Supaul in connection with S.T. No.290 of 2007 corresponding Marouna P.S. Case No.43 of 2006 with a condition that on each and every date, the petitioner shall remain present before the court, failing which his bail bond shall automatically be cancelled provided that in special exigency the petitioner can make a prayer before the court for prior permission for his none appearance on a particular date and the court below may examine such prayer on its own merit. With above observation and direction, the bail petition is allowed. ( Rakesh Kumar,J.)