IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19847 of 2011 Md. Belal, Son of Md. Sadakat Hussain, Resident of Muhalla – Mohania, Police Station – Mohania, District – Kaimur at Bhabua……………………………………….. Petitioner Versus The State Of Bihar……………………………………. Opposite Party ---------------------------------- 4 24/8/2011 Heard learned counsel for the petitioner and Smt. Anita Kumari Singh, learned Additional Public Prosecutor. This is the second attempt for grant of bail. Prayer for bail of the petitioner was earlier rejected on 26/2/2010 vide Cr. Misc. 5140 of 2010. Since the petitioner was in custody from the year 2008, while rejecting prayer for bail the Trial Court was directed to expedite and conclude the trial as early as possible preferably within a period of nine months from the date of receipt/production of a copy of the order. Vide order dated 13/7/2011, a report was called for from the court below regarding the stage of the trial which has been received and kept at flag ‘A’. On perusal of the report from the court below it is evident that despite the fact that charges were framed on 17/9/2009 witnesses have not been examined till date. It further appears that bailable and non-bailable warrants were issued for securing presence of witnesses but witnesses have not appeared. It also appears that in the meanwhile one accused jumped bail and now case has been fixed for appearance. The court is of the opinion that without trial one cannot be kept behind bars. In view of the fact that petitioner is in custody since 2 2008 and after charge which was framed in the year 2009 none of the witnesses have been examined, there is no reason to further detain the petitioner in custody. Let the petitioner, namely Md. Belal, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, Kaimur at Bhabua in connection with Tr. No. 4 of 2009 arising out of Mohania P.S. Case No. 273 of 2008, G.R. No. 1552 of 2008. Praful ( Rakesh Kumar, J.)