IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40117 of 2010 WAKIL YADAV, son of Sujman Yadav, village Siswa, PS Raxaul, District East Champaran – Petitioner. Versus STATE OF BIHAR . ----------- 3 12.1.2011 Earlier on three occasions the petitioner’s prayer for bail were rejected. A direction was given to the trial court to expedite the trial. However, the matter is pending for one reason or the other. The records of the case was transferred to the Ist Addl. District & Sessions Judge, Motihari, East Champaran on 7.9.2010. Before that the 8th Addl. Sessions Judge, Motihari was in seisin of the trial. It is apparent that although the order of this court had been received on earlier occasions in which there was specific direction to expedite the matter, no steps were taken by the 8th Addl. Sessions Judge to expedite the case which is rather unfortunate. When the order was to dispose of the case expeditiously as the A.S.I. of Police was the only witness left to be examined in the trial, the case was transferred Ist Addl. Sessions Judge. I find that both the officers have been sitting over the matter even after noticing the direction of this court to conclude the trial within two months, no steps have been taken till today to conclude the trial. A complaint has been made by counsel for the petitioner that Special Public Prosecutor, Motihari has not been attending the court to advance arguments in this matter. If true, it 2 is rather unfortunate and the matter may be brought to the notice of the concerned authority. Considering the circumstances aforesaid the petitioner is directed to be released on bail in Pakaridayal PS Case No. 83/2006, giving rise to N.D.P.S. Case No. 84/2006, on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Ist Addl. District and Sessions Judge, Motihari, East Champaran with the conditions that both the bailors should be the family members of the petitioner and they should affix their attested photographs on the bail bonds, an affidavit should be filed by the bailors that they undertake to produce the petitioner in this case during the pendency of the trial and be responsible if he abscond in this case, the petitioner should not leave the district of Motihari without the permission of the court during the pendency of the trial and he should appear on each and every date in the trial and if absents even for a single date without cause, his bail bonds shall stand cancelled. haque ( Sheema Ali Khan, J.)