IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13842 of 2011 KAMESHWAR BAITHA @UDHESHWAR BAITHA, son of Jaggu Baitha, resident of village – Dhonchawar, P S – Bishrampur, District – Palamu ______ Petitioner Versus THE STATE OF BIHAR _____ Opposite party ----------- 02. 04.05.2011 The Court has had the occasion to reject the prayer for bail of the petitioner on an earlier occasion for the reasons indicated therein and in view of the non-cooperation of the petitioner in the trial, which has been prolonged in the court of Additional Sessions Judge cum Fast Track Court No.V, Kaimur at Bhabua. Petitioner is one of the persons charged with serious offence but the matter relates to the year 2000 and petitioner has been in custody since 2006 in the present matter. There is a categorical statement that almost 24 witnesses have been examined and none of them has identified or stated anything substantial against the present petitioner and only four more witnesses are to be examined, who are supposed to be police witnesses, but their location and appearance itself is doubtful looking at the time frame when the incident had happened and the trial is being conducted. It is also stated in the bail application that the petitioner has now returned to the mainstream. He has been elected as a Member of Parliament from Palamu Parliamentary Constituency and to that extent petitioner now will neither 2 abscond nor in any manner derail the pendency of the trial but will appear before the court either through himself or through his counsel on each and every date during the left over trial of the case. Taking into consideration that the petitioner has remained in custody since 9.6.2006 and the categorical statement having been made in the affidavit and the changed position, with assurance of co-operation in the trial plus the fact that other similarly situated persons have been granted bail by several Benches of this Court, let the petitioner Kameshwar Baitha alias Udheshwar Baitha be enlarged on bail on furnishing bail bond of Rs.50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge cum Fast Track Court No.V, Kaimur at Bhabua in Sessions Trial No. 219 of 2007 arising out of Chainpur P S Case No. 20 of 2000, with a clear direction that petitioner will co- operate in the trial. If there is any default on his part, he may loose the privilege of bail granted to him. rkp ( Ajay Kumar Tripathi, J.)