IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32662 of 2011 Satnarain Thakur Versus The State Of Bihar ---------------------------------- 03 23.11.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. This is the 3rd attempt of the petitioner before this Court seeking bail in a case instituted under Sections 364A/34 of the Penal Code. Petitioner earlier approached this Court for bail in Cr. Misc. no. 12291 of 2010 which was considered and regard being had to the materials on record the prayer was refused by order dated 10.05.2010 (Annexure 1/1). Seven months thereafter he again approached this Court for bail which was considered and rejected by order dated 22.12.2010 passed in Cr. Misc. no. 42448 of 2010 (Annexure ½). While rejecting his application, this Court observed as under:- “However this Court observes that if all the prosecution witnesses are not examined within seven months from the date of receipt/communication of this order, the petitioner shall have liberty to renew his prayer for bail.” A status report was called for which is available at Flag- „A‟. On perusal whereof, it appears that the Judicial Magistrate has been summoned for examination. Learned counsel submits that prior to summoning the learned Judicial Magistrate for his deposition five witnesses were produced and examined on behalf of the prosecution. It is contended that the informant in his deposition has not identified him. 2 Regard being had to the materials on record and after hearing the submission of the petitioner, this Court, while declining the prayer, disposes of the application by the following order:- Let the Court below examine all prosecution witnesses within 03 months from the date of receipt/production of a copy of this order, failing which the Court below shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-II, Jehanabad in connection with Kurtha P.S. case no. 104 of 2009 subject to the following conditions:- (1) One of the bailors shall be the own/close family member. (2) The petitioner shall continue to appear in person at the trial until and unless there is/are compelling reasons for his non-appearance. In case the petitioner defaults in his appearance in spite of specific order of the Court, it will be open to the trial Court to cancel his bail bond and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)