IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18472 of 2008 ABHISHEK SHRIVASTAVA @ ABHISHEK KUMAR SHRIVASTAVA Versus STATE OF BIHAR ----------- 05. 28.01.2009 Heard both sides. This is the third attempt of the petitioner seeking bail in a case instituted under Sections 302,201,120(B)/34 of the Penal Code. It appears his first application was considered and rejected by this court under order dated 20.03.2007 (Anneuxure- 1). Subsequently, he again renewed his prayer for grant of bail which was considered and rejected under order dated 12.02.2008. In the third application, it has been submitted that the petitioner has continued to remain in jail custody since 18.12.2005. In spite of the fact that charges were framed way back on 02.08.2006, no substantial progress has been achieved at the trial. Appreciating the said argument this court under order dated 28.08.2008 called for a status report from the trial court which has been sent to and received. The report dated 16.09.2008 placed at flag-A indicates that altogether seven witnesses have already been examined in this case. Learned counsel for the petitioner by filing a supplementary affidavit brings on record the subsequent order sheets of the trial court. From perusal whereof, it appears that subsequent to submission of status report one witness was also examined on 24.10.2008. 2 It has been submitted that several other accused persons of the present case have been granted privilege of bail. Leaned counsel for the state objected to the prayer for bail and submitted that no sufficient ground except delay in conclusion of trial has been made out by the petitioner. Considering the submissions advanced by the parties and taking into note the fact that petitioner is languishing in jail custody since 18.12.2005 this court disposes of the present application with the following directions: The trial court shall take effective steps to conclude the evidence of prosecution on or before 31st of March, 2009. If, for no fault on the part of the petitioner, the prosecution fails to adduce all the evidence which they desire to be adduced in the present case on or before the said date the trial court shall enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each. In the event the petitioner is granted bail in terms of this order the same shall be subject to the following conditions: 1. One of the bailors should be the own/close family member of the petitioner. 2. The petitioner shall appear in person on the date fixed in the trial before the court below. In case of default on two consecutive dates, the trial court 3 shall be at liberty to cancel the bail bonds and secure his arrest by adopting procedure prescribed in law. Sym ( Kishore K. Mandal, J.)