IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14276 of 2010 UDAY PASWAN S/O RAM CHANDRA PASWAN. Versus STATE OF BIHAR . ----------- 02. 28.04.2010 Heard both sides. Petitioner has renewed his prayer for grant of bail in view of the liberty so granted to him by order dated 17.09.2009, passed on his earlier bail application bearing Cr. Misc. No. 31290 of 2009 ( Annexure-1). The concluding portion of the order reads as under:- “In that view of the matter, this Court, for the present, is not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, having regard to the submission that some of the witnesses have not supported the prosecution case, this Court grants liberty to the petitioner to approach this Court afresh after six months if the trial, in the meanwhile, does not conclude.” Learned counsel for the petitioner draws attention of the Court to the order sheet of the learned trial Court placed on record as Annexure-3. It appears therefrom, that till 25.02.2010, not a single witness on behalf of the prosecution was produced. It is further highlighted that on 31.03.2010 also, as per instruction, no witness on behalf of the prosecution has turned up. It is next contended that he continues to incarcerate since 21.01.2009. In the facts and circumstances of the case, petitioner, named above, is directed to be released 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 Sessions Judge 2 VII, Muzaffarpur in connection with Sessions Trial No. 530 of 2009, arises out of Kaji Mohammadpur P.S.Case no. 153 of 2001, subject to the following conditions:- (i) One of the bailors should be the own/close family member of the petitioner. (ii) 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.)