IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31639 of 2010 GOVIND KUMAR RAY S/O- PORESH ROY Versus STATE OF BIHAR ----------- 3 24.11.2010 Heard both sides. This is a repeat application seeking bail in a case instituted under diverse sections of the Indian Penal Code including Sections 302 and 201 IPC. Earlier petitioner has moved this Court for grant of bail which was considered and dismissed with certain observations as would appear from order dated 6.8.2009 (Annexure-1). A status report was called for in this case which has been received and is placed at Flag-A. It appears from the said report that the trial has been taken up in which two out of eleven (11) charge-sheet cited witnesses have been examined. It is further seen therefrom that steps have been taken to procure attendance of other prosecution witnesses. Learned counsel for the petitioner submits that petitioner is in custody since 17.9.2008 and that one of the witnesses examined so far has not supported the prosecution case in its entirety. Be that as it may, having regard to the materials on record including the allegation and the order passed on his previous bail application, this Court, while declining the prayer of the petitioner, disposes of the present application in the following manner: 2 Let the Trial Court take steps and conclude examination of all prosecution witnesses within five (05) months from the date of receipt/communication of the order 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 each to its satisfaction in connection with Kishanganj P.S. case no. 248 of 2008 subject to the following conditions: (i) One of the bailors 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. )