IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11508 of 2009 BIRENDRA YADAV Versus THE STATE OF BIHAR ----------- 5. 15.09.2009 Heard counsel for the parties. The petitioner had earlier moved this Court seeking bail which was considered and rejected by this Court under order dated 30.01.2008 considering the fact that he was identified by six witnesses. The petitioner again renewed his prayer for bail. Status report was called for which is on record at Flag A. It appears therefrom that the trial is underway. Altogether ten prosecution witnesses have already been examined. It is contended that some of the co-accuseds of this case had approached this Court for grant of bail which was considered and disposed of under order dated 22.06.2009. It is next contended that the petitioner is in custody since 9.10.2006. Learned APP opposed the prayer and submitted that there is no fresh ground for entertaining the present application. Having considered the submissions made on behalf of the parties, this Court, in the particular facts of the case, while declining the prayer of the petitioner for grant of bail, disposes of the present application in the following manner: Let the trial court make endeavour and conclude the prosecution case by examining all the prosecution witnesses on or before 30th November,2009, failing which the trial court shall 2 release the petitioner abovenamed on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, Fast Track Court No.II Buxar in connection with Sessions Trial no.20/08 arising out of Nawannagar P.S.Case No.115/06 subject to the condition that one of the bailors shall be his own/close family member and that the petitioner shall appear on each date fixed in the trial. In case of default on two consecutive dates, trial court shall cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )