IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30800 of 2009 RAVINDRA KUMAR @ RANA YADAV Versus STATE OF BIHAR ----------- 2/ 08.09.2009 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case instituted under Sections 364, 379 and 411 of the Indian Penal Code. It is submitted that petitioner has not been named in the First Information Report. He was not put on Test Identification Parade. There is no recovery of any incriminating articles from the possession of the petitioner. His name appeared though the statement of some person/spy. Petitioner is in custody since 20.05.2008. Learned counsel referring to Annexures-4 and 5 submits that similarly placed co-accused have been released on bail by this Court under different orders passed on 15.01.2009 and 15.05.2009. From the impugned order it appears that the trial is under way and four witnesses have already been examined and few more witnesses are yet to be examined on behalf of prosecution. Having regard to the facts appearing on record including the submissions advanced on behalf of the petitioner, this court while declining the prayer of the petitioner disposes of the application in the following manner:- (i) Let the trial court make all endeavor to examine all the prosecution witnesses on or before three months from the date of receipt/communication of the order in the court below, failing which the trial court shall enlarge the petitioner on bail on furnishing bail - 2 - bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Khagaria in connection with S.C. No. 409 of 2008, arising out of Maheshkhoont P.S. case no. 14 of 2008, this order shall be subject to the further following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) Petitioner shall appear before the court below in person on each date fixed at the trial. In case, of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bonds and secure his arrest in accordance with law. With this observation this application is disposed of. Uday/ (Kishore K. Mandal, J.)