IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40 of 2011 SURESH YADAV, son of Dudheshwar Yadav Versus THE STATE OF BIHAR ----------- 2 02.02.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Learned counsel for the petitioner points out that in prayer portion in place of Sessions Trial No.22 of 2010 it has wrongly been typed as 20 of 2010. Learned counsel for the petitioner is permitted to make necessary correction in prayer portion within course of the day. Petitioner seeks his bail in connection with Goh P.S. Case No.7 of 2005 registered under Section 147, 148, 149, 307 of the I.P.C. and 27 of the Arms Act. It would appear from the record that for the same occurrence two cases were registered. First, the present case i.e. Goh P.S. Case No.7 of 2005 has been registered against 20 -25 unknown persons. Second, Goh P.S. Case No.8 of 2005 has been registered against Ran Vijay Singh who happens to be informant of Goh P.S. Case No.7 of 2005. It would further appear from the record that after investigation in Goh P.S. Case No.7 of 2005, final form was submitted, but 2 subsequently, on the basis of petition filed on behalf of the accused of Goh P.S. Case No.8 of 2005 the matter was reinvestigated and lastly police came to the conclusion that petitioner committed the murder of deceased Brij Nandan Kumar who was informant of Goh P.S. Case No.8 of 2005. It is needless to narrate all the facts in this order and suffice it to say that after commitment both the cases are being tried by the same Presiding Judge on the order of this Court passed in Cr.W.J.C. No.640 of 2008 and other cases. Furthermore, in both the aforesaid cases charges have already been framed against the petitioner as well as informant of the present case. It is an admitted position that informant of the present case is languishing in jail custody more than four years in Goh P.S. Case No.8 of 2005. The apprehension of learned counsel appearing for the informant is that if the petitioner is released on bail, the trial arising out of present case would be hampered, because it is every possibility that the petitioner would make himself absent from the trial with a view to keep the informant of this case in custody for a long period. Considering the above stated facts as well as material available on the record petitioner, namely, 3 Suresh Yadav is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IV, Aurangabad in connection with Sessions Trial No.173 of 2010 / 22 of 2010 arising out of Goh P.S. Case no.7 of 2005. It is made clear that the petitioner shall attend the proceeding of aforesaid trial on each and every date and if he fails to do so on two consecutive dates the learned Trial Judge shall be at liberty to cancel the bail bonds of the petitioner. Furthermore, learned Additional Sessions Judge, Aurangabad is directed to conclude the trial of petitioner as well as informant namely Ran Vijay Singh, who is facing trial in connection with Sessions Trial No.21 of 2010 before him, expeditiously as soon as possible. PN/- ( Hemant Kumar Srivastava,J.)