1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36395 of 2008 SUBHASH SINGH SON OF SRI RAJ KUMAR SINGH RESIDENT OF VILLAGE MALIKPUR,POLICE STATION KARAI(HILSA),DISTRICT NALANDA Versus THE STATE OF BIHAR ----------- 5/ 21.11.2008 Heard learned counsel for the parties. Earlier the prayer for bail of the petitioner was rejected on many occasions considering the fact that he is one of the assailants of one of the deceased. Submission is that in this case there are four murder but one of co-accused Tarun Singh has been granted bail by a Bench of this Court who was one of the assailants of one of the deceased Chhote Paswan. Further submission is that the trial has begun and four prosecution witnesses have been examined and none of them has supported the prosecution case. The depositions of P.Ws. 1 and 2 have been annexed with this application. P.W.2 is the informant of the case and he has not supported the prosecution case. A report from the Superintendent of Police, Nalanda regarding non-production of the prosecution witnesses was called for which has been received. From the report it appears that out of ten witnesses, four have been examined, one has died and two are absconding and rest three official witnesses are to be examined. The petitioner is in jail custody since 6.7.2003. Considering the period of detention and in the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two 2 sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Hilsa, Nalanda in Sessions Trial No. 712 of 2003. Tahir/- ( Shyam Kishore Sharma, J.)