IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8723 of 2010 KAILASH RAM @ KAILASH PATI RAM Versus THE STATE OF BIHAR ----------- 04 12.05.2010 Heard both sides. Petitioner renews his prayer for grant of bail in view of the liberty so granted to him by order dated 21.07.2009 (Annexure-1) passed on his earlier bail application bearing Cr. Misc. no. 22870 of 2009. Annexure-1 would show that the petitioner was responsible for causing injury which ultimately proved fatal. This Court had granted him liberty to renew prayer for bail if all the prosecution witnesses are not examined within 10 months from the date of receipt/communication of a copy of this order in the Court below. A status report was called for which has been sent to and received in this Court and is placed at Flag-A. From perusal of the status report it appears that out of nine charge sheeted witnesses five witnesses have already been examined. Few official and non-official witnesses are yet to be examined. Petitioner seems to be in custody since 22.12.2008. In that view of the matter, while declining the prayer for bail of the petitioner, this Court disposes of the present application in the following manner:- Let learned trial Court take effective steps to examine remaining prosecution witnesses within two months from the date 2 of receipt/communication of a copy of this order in the Court below, failing which the trial Court shall release the petitioner, named above, 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 Addl. Sessions Judge, F.T. Court no. 7, Purnia in connection with K.Nagar P.S.Case no. 294 of 2008/Sessions Trial no. 354 of 2009, subject to the following conditions:- (i) One of the bailors should be the own/close family member of the petitioner. (ii) Petitioner shall appear in person before the Court below on each date fixed at the trial. In case of default in such appearance without their being compelling reasons therefor the trial Court shall have liberty to cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)