IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7351 of 2011 DHARMA MAHTO S/O- MUKURDUN MAHTO Versus THE STATE OF BIHAR - ---------- 2 09.03.2011 This is repeat application seeking bail. Earlier petitioner and others had approached this Court seeking bail which was considered and rejected by order dated 10.5.2010 (Annexure-1) with the following observation: “Let the trial be expedited. In case there is undue delay in disposal of the trial, the petitioners may approach the same Court for grant of bail.” The petitioner has stated as under in Paragraph 10: “That it is humbly submitted that the last prosecution witness examined was on 01.11.2010 and even after the expiration of almost three months no other witness has been examined. It is pertinent to mention here itself that the charges were framed on 23.02.2010 and even after the direction of Hon’ble High Court to expedite the Trial vide its order dated 10.05.2010 only 10 witnesses out of total 21 witnesses has been examined till 15.01.2011.” Having regard to the aforesaid assertion and after going through the materials on record including the previous order passed on his bail application, this Court while declining the prayer made in this regard, disposes of the application in the following manner: Let the Trial Court take appropriate steps and conclude examination of all prosecution witnesses within seven (07) months from the date of receipt/production of a 2 copy of this order failing which the Trial Court shall release the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with Shikarpur P.S. case No. 134 of 2009 (Sessions Trial No. 564/09) subject to the following conditions: (i) One of the bailors shall be own/close member of the family. (ii) Petitioner shall continue to appear in person on each date fixed in the trial. In case of default in such appearance on two consecutive occasions without compelling/ satisfactory reasons therefor, the Trial Court shall be at liberty to cancel the bail bonds and secure his arrest in accordance with law. pkj (Kishore K. Mandal, J)