IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29703 of 2011 ====================================================== Md. Tami Juddin @ Budhan, son of late Nurul Hasan, resident of Village Bhogari, Police Station Majhaulia, District West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar No.7, Advocate For the State : Smt. Asha Kumari, A.PP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2/ 16-09-2011 Heard. The prayer for bail made on behalf of the petitioner in a criminal prosecution registered under Section 302/34 of the Indian Penal Code was rejected earlier by this Court by order dated 06.10.2010 passed in Cr. Misc. No. 24154 of 2010 (Annexure-1) with an observation that if the trial of the petitioner is not concluded within a period of six months, without there being any fault on the part of the petitioner, then he shall be at liberty to renew his prayer for bail before this Court. Learned counsel for the petitioner submits that after rejection of the prayer for bail by the aforesaid order dated 06.10.2010, the petitioner had moved again before the learned trial court for grant of bail, which was again rejected by the Patna High Court Cr.Misc. No.29703 of 2011 (2) dt.16-09-2011 2 impugned order dated 05.08.2011. From the findings recorded by the learned trial court, it appears that in exercise of powers under Section 319 Cr.P.C., some more accused persons have been summoned for facing the trial and, as such, de novo trial has to be taken up. From the findings of the learned trial court, it further appears that the petitioner is not responsible for delaying the disposal of the trial. The petitioner is stated to be in judicial custody since 07.12.2009. In the aforesaid facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Sessions Trial No. 151 of 2010 arising out of Majhaulia P.S. Case No. 291 of 2009 dated 05.12.2009 to the satisfaction of learned Additional District and Sessions Judge, F.T.C. IV, Bettiah, West Champaran, subject to the condition that one of the bailors must be a Government servant. Anjani/- (Birendra Prasad Verma, J)