IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21861 of 2009 NEPALI MANDAL @ NEPALI Versus STATE OF BIHAR ----------- Cr.Misc. No.22399 of 2009 1. SITAL MANDAL 2. HILAN MANDAL Versus STATE OF BIHAR ----------- 03. 21.08.2009 Both the matters arise out of Nayaram Nagar P.S.Case no.79/2002, and as such, they have been heard together. The present order shall govern both the cases. This court had earlier called for a status report in the connected matter (Cr. Misc. No. 21861 of 2009). Report is available on record which is at Flag-A. It appears therefrom that the trial of the case (Sessions Trial No. 1054 of 2008) is at advance stage. Several witnesses on behalf of the prosecution have been examined. The trial court is taking steps to get the remaining 03 witnesses examined. Two of them are, definitely, the official witnesses. Mr. Ajit Kumar Singh, Advocate appears in support of Cr. Misc. No. 22399 of 2009. Nobody appears in support of Cr. Misc. No. 21861 of 2009. It is contended that the allegation against the petitioners are general and omnibus in nature. Referring to the F.I.R., learned counsel for the petitioners submit that specific allegation of assault by means of fire arm is/are against Subodh Mandal and Ranjee Mandal. It is further 2 submitted that identically place co-accused, namely, Bisho Mandal has been privileged with bail by this court in 2008. Records indicate that the petitioners initially evaded arrest and remained absconder for few years. The occurrence is of 2002. They seem to be in custody since 2008 that apart this court finds that the trial is at a very advance stage. Regard being had to the submission of the counsel and also the fact that the trial is at the advance stage, this court, while declining the prayer for bail made on behalf of the petitioners, disposes of the present application in the following manner: Let the trial court take all steps to examine all the prosecution witnesses on or before 10th of November 2009, failing which the trial court, shall release the petitioners above named in both the cases, on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court IV Munger in connection with Sessions Trial No. 1054 of 2008 arising out of Naya Ram Nagar P.S.Case no. 79 of 2002, subject to the following conditions:- (i) One of the bailors in each of the case shall be the own/close family member of the petitioners. (ii) The petitioners in each of the case shall appear in person before the 3 court below on each date fixed at the trial. In case of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel their bail bonds and secure their arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)