IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13398 of 2011 Sanjay Yadav Versus The State Of Bihar For the petitioner :Mr. Dhirendra Kr. Sinha For the State :Mrs. Indu Bala Pandey, APP ----------- 03. 29.06.2011 Heard both sides. This is repeat application seeking bail in a case lodged under section 302 and 120B/34 IPC. Earlier, petitioner had moved this Court for bail which was considered and rejected by order dated 10.05.2010. Gravity of the case can be seen from the said order. However, petitioner was granted liberty to renew his prayer for bail in case there is undue delay in taking up the matter. Counsel for the petitioner submits that petitioner is in custody since 23.04.2009 and that there was dispute relating to land on which the deceased was carrying the business of cattle fair. Status report was called for which is at Flag A. it appears therefrom that the trial has already commenced in which three prosecution witnesses have already been examined and the case is posted for evidence of remaining witnesses to be produced on behalf of the prosecution. Having considered the submissions and on going through materials on record including the report at Flag-A, this court while rejecting the prayer of the petitioner, disposes of this 2 application in the following manner: Let the trial court endeavour to examine rest of the prosecution witnesses within six months from the date of receipt/communication of this order in the court below, failing which the trial court(CJM, Gaya) 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 Chandauti(Chakhand) P.S. Case No. 66/09, subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in such appearance without there being any compelling circumstance, the trial court shall cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )