IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18931 of 2010 BALI MAHTON @ BULL MAHTON S/O SHRI NATHO MAHTO Versus THE STATE OF BIHAR ----------- 03 14.07.2010 Heard both sides. Petitioner has renewed his prayer for bail in view of the liberty so granted to him by order dated 03.07.2009 (Annexure-1). Considering the allegation and the materials collected in support thereof, his prayer for bail was rejected with liberty to renew prayer for bail if all the prosecution witnesses are not examined within ten months. The said order also records that he is in custody since 28.10.2008. A status report was called for which has been sent to and received in the Court and placed on record at Flag-A. It appears therefrom that till date of report (3.06.2010) only four prosecution witnesses have been examined. Five of them are yet to be examined for which steps are being taken by the prosecution. In the facts and circumstances of the case while declining prayer for bail made on his behalf this Court disposes of the present application in the following manner:- Let learned trial Court take steps and ensure examination of the remaining prosecution witnesses within 04 months from the date of receipt/communication of a copy of this order in the Court below, failing which the trial Court shall release the petitioner, named above, on bail on furnishing bail 2 bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Begusarai in Sessions Trial no. 195 of 2009, arising out of Matihani P.S. Case no. 108 of 2008, subject to the following two conditions:- (i) One of the bailors should be the own/close family member of the petitioner. (ii) The petitioner shall appear in person before the Court below on each date fixed at the trial. In case of default on two consecutive dates the trial court shall have liberty to cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)