IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34305 of 2011 Gauri Shankar Mahto Versus The State Of Bihar ---------------------------------- 02 12.10.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. This is repeat application filed on behalf of the petitioner, namely, Gauri Shankar Mahto, seeking bail in a case instituted under Section 302 and other allied Sections of the Penal Code. Earlier the petitioner along with other co-accuseds had moved this Court for bail in Cr. Misc. no. 45288 of 2009 which was considered and rejected by order dated 10.05.2010 (Annexure-1). The concluding portion of the said order reads as under:- “Let the trial be expedited. In case there is undue delay in disposal of the trial, the petitioners may approach the same Court for grant of bail.” Learned counsel submits that there is general and omnibus allegation against all the accused persons. The other three accused persons have since been privileged with bail by this Court considering the delay in disposal of the trial as well as their period of incarceration. Learned counsel, in this connection, refers to the order dated 09.03.2011 (Annexure-3) as also the averments made in para 11 of the bail application. It is contended that out of 21 charge sheeted witnesses only 13 witnesses have till date been examined. Learned counsel in this connection referred to the impugned order. Having heard learned counsel for the petitioner and on going through the materials on record, this Court directs release of 2 the petitioner, named above, 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, Fast Track Court no. IV, Bettiah, West Champaran, in connection with Sessions Trial no. 564 of 2009, arising out of Sikarpur P.S. case no. 134 of 2009, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner. (ii) Petitioner shall appear in person on the date(s) fixed at the trial. In case of default in such appearance without there being compelling reasons therefor the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)