IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45135 of 2008 GULTEN YADAV Versus STATE OF BIHAR ----------- 04. 25.03.2009 Heard. The sole petitioner is an accused in a case instituted under Sections 302/34 and allied Sections of the Penal Code has renewed his prayer for grant of bail in terms of the order dated 19.02.2008 (annexure-1). The concluding paragraph of the said order read thus: “In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail at this stage and accordingly his prayer for bail is rejected. However, if the trial of the case is not taken up within six months from the date of receipt of this order in the court below, the petitioner will be at liberty to renew his prayer for bail.” A status report was called for from the learned trial court under order dated 28.01.2009. A report in this regard has been sent to and received in this court which is placed at flag-‘y’. A perusal of the said report dated 26.02.2009 indicates that in spite of bailable warrants having been issued against the witnesses they have not turned up and the matter is pending for examination of the prosecution witnesses. In the facts and circumstances, this court 2 while rejecting his application for bail this court directs as under: (i) The trial court shall take all steps to conclude the evidence of the prosecution on or before 31 of August, 2009, failing which the petitioner shall be enlarged 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 Sub Divisional Judicial Magistrate, Purnea, in connection with K.Nagar P.S. Case no. 59 of 2000. In the event of bail granted to the petitioner in terms of the order of this court the same shall be subject to the following condition: (i) The petitioner shall appear in person on the dates fixed at the trial 3 before the concerned court. In case of default on two consecutive dates, the trial court shall have liberty to cancel his bail bond and secure his arrest in accordance with law. Sym (Kishore K. Mandal, J.)