IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38205 of 2011 Dashrath Yadav @ Loha Yadav S/o Kesho Yadav Resident Of Village- Kirni, P.S.- Nawanagar, District- Buxar Versus The State Of Bihar ---------------------------------- 2 30.11.2011 Heard Sri Satyapal Singh, learned counsel for the petitioner and Sri Pradeep Narayan Kunwar, learned Additional Public Prosecutor. This is the second attempt for grant of bail on behalf of the petitioner. Earlier, on 11.02.2011 vide Cr. Misc. No. 33250 of 2010, prayer for bail of this petitioner was rejected in view of the fact that trial was proceeding and eight witnesses had already been examined. In earlier bail petition a report was called for from the court below which indicated that steps are being taken to conclude the trial within six months. Learned counsel for the petitioner submits that after rejection of bail by this court on 11.02.2011 prosecution has not examined even a single witness. Learned counsel for the petitioner has brought on record photo copy of certified copy of order sheet from 28.01.2011 to 18.08.2011. In view of the fact that no progress has taken place after rejection of earlier prayer for bail, the court is of the opinion that the petitioner can not be detained indefinitely in custody. Accordingly, let the petitioner namely, Dashrath Yadav @ Loha Yadav, be enlarged on bail on furnishing bail bond of Rs. 2 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J., F.T.C. IV, Buxar in Sessions Trial No. 185 of 2009 arising out of Koran Sarai P.S. Case No. 40 of 2008 with condition that on each and every date the petitioner shall remain physically present before the Trial Court failing which his bail bond shall stand automatically cancelled. However, in case of special exigency he can remain absent on a particular date with prior permission of the Trial Court. The second condition would be that one of the bailors must be father, mother or brother of the petitioner. Praful ( Rakesh Kumar, J.)