IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21402 of 2011 Bal Mukund Paswan @ Makuni Versus The State Of Bihar ----------- 03. 21.09.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. This is the third attempt of the petitioner in this Court in order to seek bail in a case instituted under section 302/34 IPC. In the first attempt, his prayer for bail was considered and rejected by order dated 25.07.2009 (Annexure- 1). He was, however, granted liberty to renew his prayer for bail in case there is undue delay in disposal of the case. Petitioner again moved this Court seeking bail which was considered and rejected by order dated 27.10.2010 (Annexure-1/A). This Court, while rejecting his prayer, observed as under:- “Considering the period of custody, this Court observes that if trial itself is not concluded within a period of 08 months form the date of receipt/communication of a copy of this order in the court below, petitioner shall have liberty to renew prayer for bail.” This Court by order dated 06.07.2011, called for status report. Same is on record at Flag A. It appears therefrom that till the date of submission of report, four prosecution witnesses have been examined on behalf of the prosecution. Learned counsel states that this was the position of 2 the trial when the second order dated 25.07.2009 was passed. It is also contended that petitioner is in custody since 11.01.2009. Having heard learned counsel for the petitioner and on going through materials on record including the two orders as well as the report, this Court, while declining the prayer of the petitioner, disposes of the application by the following order:- Let the trial court endeavour to examine the remaining prosecution witnesses within two (02) months from the date of receipt/production of a copy of this order, failing which the trial court(A.D.J. cum FTC IV Bhagalpur) shall release the petitioner abovenamed on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with S.T. No. 670/09 corresponding to Nathnagar P.S. Case No.11/09 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear on each date fixed at the trial, failing which the trial court shall cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )