IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40237 of 2008 MUKHA BAITHA Versus THE STATE OF BIHAR For the petitioner:Mr.Kri shna Kant Singh For the State :Mr.R.P.S.Singh,APP ----------- 2 14.01.2009 Heard. The petitioner has renewed his prayer for bail. He is facing charges punishable under section 302 and other sections of IPC. Records indicates that earlier the petitioner had moved this Court for grant of bail which was considered and rejected under order dated 2.5.08, passed in Cr.Misc.No.49923 of 2007. In the concluding paragraph, this Court had observed as under. “In the facts and circumstances of the case, the bail application of the petitioner (Cr.Misc.No.49923/2007) stands rejected. If there is undue delay in taking up the trial, the petitioner may renew his prayer for bail.” Counsel for the petitioner submits that in this case charges were framed on 18.8.2007. It is further submitted that till date not a single witness has been examined on behalf of the prosecution. Counsel for the petitioner further states that this statement is being made by him on the basis of certified copy of the order sheet which is in his possession. It is also stated that the petitioner is aged about 70 years and is in custody since 9.4.2007 Having regard to the fact that on merit the case of the petitioner was earlier rejected, this Court, for the present, is not inclined to admit the petitioner to bail. - 2 - However, if the prosecution is not able to conclude its evidence on or before 22nd of May,2009, the trial court shall release the petitioner on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to its satisfaction (Addl.Sessions Judge, FTC 4, East Champaran, Motihari) in connection with Ramgarhwa p.s.case no.31/07, S.Tr.no.574/07. In the event the petitioner is granted bail in terms of the order of this Court, one of the bailors shall be his own/close family member. With the aforesaid directions/observation, the application stands disposed of. hr ( Kishore K. Mandal )