IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36885 of 2009 MD.JABBAR, Son of Md. Manta @ Matruddin resident of Village Jamunia, P.S. Parbatta, ( Naugachia), District Bhagalpur. Versus THE STATE OF BIHAR ----------- 4 13/1/2010 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and counsel for the State. Prayer for bail of the petitioner was earlier rejected by order dated 18.6.2008 in Cr. Misc. No.23179 of 2008 giving liberty to the petitioner to renew his prayer for bail after completing one and half years of his judicial custody with a hope and belief that trial of the petitioner which had already commenced would be completed in next one year. Mr. Jha, submits that the petitioner is in judicial custody since 10.4.2008 and the trial against the petitioner is still pending wherein no witness has been examined after 5/8/2008 and therefore he having remained in jail custody over one and half year may now be released on bail. This Court by earlier order dated 18.11.2008 had called for a report from the trial court as with regard to present stage of the trial. The report of the trial Court dated 17th December, 2009 at flag-x to say the least is not satisfactory. It does not even mention 2 the fact that the prosecution is not producing the witnesses for more than last fifteen months and only the two prosecution witnesses, namely, Bhupin Mandal and Lal Bahadur Paswan have been examined till date, and the last date of deposition of the aforesaid prosecution witness was 5.8.2008. The Presiding Officer submitting the report in fact has not at all been serious in submitting his report, which to say the least is evasive in nature. Be that as it may, it is now quite clear that the prosecution is not at all interested in completing its evidence expeditiously and in fact has become single handedly responsible is not completing the trial within the time limit fixed by this Court in its order dated 18/6/2008 in Cr. Misc. No.23179 of 2008 while rejecting the prayer for bail of the petitioner. In this background, the petitioner can no longer be kept under jail custody specially when he faces an allegation based on circumstantial evidence. That being so, the petitioner, namely, Md. Jabbar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional District & Sessions Judge, Naugachia in S.T. No.642 of 2008, arising out of Naugachhia 3 (Parbatta) P.S. Case No.310 of 2006, subject to the condition that he will remain present on each and every date of trial without fail and his continued absence for two consecutive dates before the trial court will entail automatic consequence of cancellation of his bail. With the aforesaid observations and directions this application is disposed of. Let a copy of this order be sent to the District and Sessions Judge, Bhagalpur as also to Superintendent of police, Bhagalpur. Abhay Kumar ( Mihir Kumar Jha, J.)