IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11058 of 2011 MD. ASLAM @ TINKU AND ANR. Versus THE STATE OF BIHAR ----------- 3 20.06.2011 Heard learned counsel for the petitioners as well as learned counsel for the state. Earlier prayer for bail of the petitioners, was rejected vide order dated19.09.2006 passed in Cr. Misc. No. 39170 of 2011 but this second bail petition has been filed on behalf of the petitioners on the ground of their incarceration in jail. Learned counsel appearing for the petitioners points out that the petitioners are languishing in jail custody since the year, 2004 but uptill now, no substantial progress has been made in their trial. A report had been called for from the trial court and it would appear from the report dated 28.04.2011 that though the charges were framed in the year, 2008 but uptill now, not a single prosecution witness has been examined. It would also appear from the above said report that at present the case is pending for production of co-accused. It appears to me that there is no likelihood of conclusion of the trial of the petitioners in the near future. In the aforesaid circumstances, even if there is serious allegation against these petitioners, I think it proper to release them on bail. Accordingly, both the petitioners, namely, Md. Aslam alias Tinku alias Sheikh Aslam and 2 Sheikh Nasim alias Chhotu are directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Sasaram (T) P.S. Case No. 314 of 2004 to the satisfaction of 3rd Additional District & Sessions Judge, Rohtas at Sasaram subject to condition that one of the sureties must be close relative of the petitioners and shall be holder of landed property. Furthermore, both the petitioners shall attend the trial court on each and every date in person for the period of one year and if they fail to do so without having any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. AKV/- ( Hemant Kumar Srivastava,J.)