IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15040 of 2009 Alha Mahto @ Allah Mahto son of Late Antu Mahto,resident of villageSonbarsha,P.S.Nayagoan,District-Begusarai Versus The State of Bihar For the Petitioner-Kumari Amrita,Advocate ----------- 3 8.5.2009 Heard learned counsel for the petitioner. No body is present on behalf of the State. The petitioner has renewed his prayer for bail in a case instituted under Section 302/34 IPC. It appears that earlier the petitioner had moved this court in Cr.Misc.No.4207/2007 which was dismissed under order dated 7.5.2007. The concluding portion of the said order reads as follows: “Considering the allegation for the present I am not inclined to grant bail. For the present the bail application is reject ed.” The petitioner, thereafter, again approached this Court in Cr.Misc.No.5866/2008 which was also dismissed under order dated 13.2.2008. The penultimate paragraph of the said order reads as follows: „Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. However, if the trial of the petitioner is not taken up and concluded within six months from today, the petitioner may renew his prayer for bail.” Earlier, this Court under order dated 17.4.2009 called for a Status report regarding the stage of the trial and in pursuant thereto, a - 2 - report has been sent and received in this Court which is placed art Flag-X. It appears from the report that in spite of different steps taken by the trial court, not a single witness has turned up in the case. Having considered the facts, this Court disposes of the present bail petition with the following observations. “Let the trial court take steps to conclude the prosecution evidence latest by 14.9.2009. In the event, the entire prosecution evidence is not adduced by that date, the petitioner, namely, Alha @ Allah Mahto shall be granted bail by the trial court on furnishing bail bond of Rs.10,000/-(Ten thousand)with two sureties of the like amount each to its satisfaction in connection with Sessions Trial No..227/2006 with the following conditions imposed: (i) one of the bailers shall be own/close family members of the petitioner. (ii) The petitioner shall appear at the trial on each and every date and in case he fails to appear on two consecutive dates, the trial court shall be at liberty to cancel his bail bond and take steps to secure his attendance. SKBOSE (Kishore K.Mandal)