IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4496 of 2009 SANJAY MANDAL Versus STATE OF BIHAR ----------- For the petitioner: Mr. Tarkeshwar Prasad Verma, Advocate. For the State: Mr. S.N.Prasad,APP. 03. 04.03.2009 Heard both sides. The sole petitioner has renewed his prayer for grant of bail in a case instituted under diverse Sections of Penal Code including Section 395 of the Penal Code. On earlier occasions while rejecting his prayer for bail this court under order dated 19-02-2008 (annexure-1) observed as under: “Considering the allegation, this Court is not inclined to enlarge the petitioner on bail. Hence his bail application is rejected. However if the trial of the case is not taken up within 8 months from the date of receipt of the order in Court below, the petitioner may approach this Court again for grant of bail.” In this proceeding under order dated 04.02.2009 a status report was called for which has been submitted to this court and is placed at Flag-‘X’ From perusal of the said report dated 12.02.2009 it appears that as many as 07 witnesses on behalf of the prosecution have already been examined. Only official witnesses (Investigating Officers) are left to be examined. Learned counsel for the petitioner referring to 2 the orders passed by this court placed at Annexure ‘3’ and ‘3-A’ submits that some of the co-accuseds who are somewhat identical placed have already been released on bail. In the facts situation, this court disposes of the application in the following manner: (i) The trial court shall take all effective steps to ensure that the rest of the prosecution witnesses are examined on or before 30th May, 2009, failing which the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each. (ii) In the event the petitioner is granted bail in terms of the order passed by this court the same shall be further subject to the following condition(s): (a) The petitioner shall appear in person on each date before the learned trial court. In case of default on two consecutive dates the trial court shall have liberty to cancel the bail bond of the petitioner and ensure his arrest in accordance with law. Learned counsel for the petitioner undertakes 3 to deposit the appropriate fee within two days for communication of the order to the learned trial court i.e. (Additional Sessions Judge, Supaul, in Sessions Trial No. 120 of 2007/241 of 2007 arising out of Raghopur P.S. Case No. 18 of 2004, G.R.No. 60/04) through FAX. Sym ( Kishore K. Mandal, J.)