IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33227 of 2011 Md. Sirman Versus The State Of Bihar ---------------------------------- 03. 30.11.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. This is second attempt of the petitioner before this Court seeking bail in a case instituted under sections 341,342 & 307/34 IPC and section 27 of the Arms Act. Considering the allegation attributed to the petitioner, his prayer for bail made on earlier occasion was rejected by order dated 21.12.2010 passed in Cr.Misc. No.42315 of 2010 (Annexure-2). This Court granted liberty to renew his prayer for bail after nine months if the trial does not commence. Status report was called for by order dated 28.9.2011 which is on record at Flag X. On perusal of the report, it appears that charges have already been framed on 24.03.2011 and steps for examining the witnesses have already been taken. Learned counsel for the petitioner contends that petitioner continued to incarcerate since 14.9.2010. Regard being had to the submissions and materials on record, This Court while declining the prayer of the petitioner disposes of the application by the following order:- Let the trial court endeavour to examine all 2 prosecution witnesses within four months from the date of receipt/communication of this order, failing which the trial court(Addl. Sessions Judge FTC 7 Purnea) shall release the petitioner abovenamed on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with Sessions Trial No. 133/11 arising out of Sadar P.S. Case No.202/2010, subject to the condition that one of the bailors shall be his own/close family member. As prayed, let this order be communicated by fax at the cost of the petitioner. hr ( Kishore K. Mandal )