IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23872 of 2010 Munna Mistry, son of Chandradeep Mistry, resident of village Maulaganj, Police Station Konch, District Gaya…………….Petitioner Versus The State Of Bihar………………..Opposite Party ---------------------------------- 5 03.08.2011 Heard learned senior counsel for the petitioner as well as learned counsel for the State. The bail application of the petitioner was earlier rejected by this Court by order dated 20.10.2008 passed in Cr. Misc. No.31332 of 2008. This Court directed the trial of the case to be expedited. The trial having not been concluded, petitioner has again moved for bail. This Court had called a report from the trial court as to how many witnesses have been examined in the case so far and how many charge sheeted witnesses remain to be examined and within what time the same is likely to be concluded. From the report dated 08.03.2011 submitted by the trial court, it appears that 12 witnesses have been examined in the trial and 3 charge sheeted witnesses remain 2 to be examined and out of three, two are unofficial witnesses and one is Officer Incharge. A supplementary affidavit has been filed on behalf of the petitioner today along with which a typed copy of the order sheet is annexed as Annexure-4. From the order sheet it appears that P.W.11 and P.W.12 were examined by the trial court on 22.12.2009 and discharged. Thereafter defence filed a petition for recall of certain witnesses but the same was not moved and remains pending. However, the order sheet shows that the case was adjourned on several dates to enable the prosecution to produce remaining witnesses, but so far they have not produced any more witness in the trial. In the circumstances, it is apparent that the prosecution is not interested in early disposal of the trial. As a result, the application is allowed. Let petitioner (Munna Mistry) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to 3 the satisfaction of F.T.C. III, Gaya in Sessions Trial No.434/09 arising out of Konch P.S. Case No.128/2007) with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)