IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42354 of 2010 LALAN YADAV Versus STATE OF BIHAR ----------- 02. 01.12.2010 Heard counsel for the parties. This is the third attempt of the petitioner seeking bail in a case instituted under section 302 IPC and section 27 of the Arms Act. His first bail application was considered and rejected by order dated 12.08.2009 (Annexure-1). Subsequently, the petitioner renewed his prayer for bail by filing Cr.Misc. No. 12926 of 2010. Said application was considered and rejected by order dated 21.04.2010 with the following observations: “In that view of the matter, his prayer for bail is also rejected with a liberty to renew his prayer for bail if the trial of the case is not taken up and substantial progress achieved therein within seven months from today.” Learned counsel for the petitioner submits that after the expiry of the period, the petitioner moved the learned trial court for bail which was considered and rejected by order dated 22.11.2010. Aforesaid order dated 22.11.2010 elaborately indicates that all steps are being taken by the court to procure the attendance of witnesses. It is contended by learned counsel that the petitioner is in custody since 08.04.2008. Having regard to the allegations and materials available on record including the observations made in the 2 impugned order, this Court while declining the prayer of the petitioner disposes of the present application by following order: “Let the trial court take all steps to ensure examination of all prosecution witnesses within seven months from the date of receipt/communication of this order in the court below, failing which the trial court(Addl. District and Sessions Judge (F.T.C. IVth) Jamui shall release the petitioner abovenamed on bail on furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to its satisfaction in connection with S.T.No.254/09 arising out of Sikandra P.S. Case No.84/08 subject to the conditions that one of the bailors shall be his own/close family member. The petitioner shall appear on each date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial court shall cancel the bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )