IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8598 of 2009 1. RAJBIR MANDAL S/O SUSHIL KUMAR MANDAL, R/O VILL BHAGWANPUR, P.S. NAOGACHHIYA, DIST. BHAGALPUR. ------- PETITIONER. Versus 1. THE STATE OF BIHAR ----- OPP. PARTY. ----------- For the petitioner: Mr. Bimal Kumar, Advocate. For the State: Mr. C.Jawahar, APP. 04 16.04.2009 Heard both sides. The sole petitioner seeks bail in a case instituted under Section 392 of the Penal Code. Later on section 411 of the Penal Code was subsequently added. Earlier his prayer for grant of bail was considered on merit and rejected under order dated 02.05.2008. The concluding portion of the said order reads thus: “In that view of the matter, this court is not inclined to enlarge the petitioner on bail. His application for bail stands rejected. However, if the trial of the case is not taken up, the petitioner may renew his prayer for bail after eight months.” In this proceeding a status report was called for under order dated 18.03.2009. In pursuance whereof, the same has been sent to and received in this court and is placed at Flag- C. The said report indicates that the matter is pending because of non –appearance of the co-accuseds. In so much so he is not being produced from Purnia Jail in the present case. Having regard to the said facts, this court while 2 rejecting the prayer for grant of bail directs as under: The trial court shall take all possible steps to conclude the prosecution evidence in the present case on or before the 30th September 2009, failing which the petitioner, above named 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 Judicial Magistrate, Ist Class Katihar, in connection with Katihar Town P.S. Case no. 56 of 2004, subject to the conditions that one of the bailors should be the own/close family members of the petitioner. In the event of grant of bail in terms of this order the same shall also be subject to the following conditions: (i) The petitioner shall appear on the date fixed at the trial. In the case of default in appearing in person on two consecutive dates, the trial court shall be at liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)