IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17524 of 2011 Gopal Mistri, S/O-Late Rodhan Mistri Versus The State Of Bihar ---------------------------------- 03 21.12.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 17.05.2007 in a case registered under Sections 25(1-AA), 25(1-b) C, 26 and 35 of the Arms Act. Allegedly, a mini gun factory unearthed from the house of the petitioner. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 31.08.2009 passed in Cr. Misc. No. 24899 of 2009 with direction to trial court to conclude the trial of the petitioner expeditiously, preferably within one and half years from the date of communication/receipt of the copy of the aforesaid order. The report of learned trial court reveals that up-till- now not a single prosecution witness has been examined. The Letter No. 2541 dated 22.10.2011 of Senior Superintendent of Police, Patna reveals that witnesses of the present case have been transferred to different places. So, difficulty is being faced by the prosecution to procure the attendance of the aforesaid prosecution witnesses. The report of learned trial court as well as report of Senior Superintendent of Police, Patna reveal that there is no 2 possibility of conclusion of case of the petitioner in near future. Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Patna City in connection with Sessions Trial No. 1464 of 2008 arising out of Fatuha ( Gaurichak) P.S. Case No. 192 of 2006 subject to condition that petitioner shall attend the trial court on each and every date in person for the period of one year and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. It goes without saying that the learned trial court shall take all possible steps to conclude the trial of the petitioner within the above stated period of one year. SHAHZAD ( Hemant Kumar Srivastava, J.)