IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26265 of 2010 INDAL CHAUDHARY @ INAR CHAUDHARY SON OF GOKHUL CHOUDHARY Versus THE STATE OF BIHAR ----------- 4 06.10.2010 Heard learned counsel for the petitioner and the State. This is repeat application seeking bail in view of the observation/liberty so granted to him on his earlier bail application bearing Cr. Misc. no. 21797 of 2009 by order dated 2.9.2010 (Annexure-1). A status report was called for which has been received and is placed at Flag-A. From the said report, it appears that charges have been framed on 17.12.2009 and trial has commenced in which three prosecution witnesses including the informant have already been examined and steps were taken to examine the I.O. and Doctor. Learned counsel for the petitioner submits that going by the F.I.R., the petitioner is not the main assailant. Order dated 2.9.2009 reflects that he avoided arrest for about six years. Petitioner seems to be in custody since 6.3.2009. Having heard both sides and after going through the materials on record, this Court, while declining prayer made on behalf of the petitioner, disposes of the application by the following order: Let the Trial Court endeavour and examine all the prosecution witnesses within 05 months from the date of 2 receipt/communication of the order in the court below failing which the Trial Court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to its satisfaction subject to the following conditions: (i) One of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law pkj ( Kishore K. Mandal, J. )