IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27924 of 2009 AZAHAR HUSSAIN Versus THE STATE OF BIHAR ----------- 02 24.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 364, 302/201/34 of the Indian Penal Code. Allegation as per F.I.R. is that the petitioner along with another co-accused abducted/kidnapped six years old son of the informant and subsequently the dead body was recovered from the place. The F.I.R. does indicate the motive. It is contended that similarly placed co- accused Mohan Das has been granted bail by this Court under order dated 2.8.2007 (Annexure-2). It is next contended that the petitioner is in custody since 3.4.2006. Learned counsel fairly states that out of 11 witnesses cited in the charge-sheet, 07 P.Ws have already been examined. It is his contention that none of them have supported the prosecution case. This Court finds from Annexure-2 that privilege of bail was granted, considering the fact that at the trial not a single witness was examined. 2 Now the trial is underway. Having regard to the said position this Court while declining the prayer of bail of the petitioner disposes of the present case in the following manner:- (i) Let the trial court make all endeavor to examine all the prosecution witnesses within two months from the date of receipt/ communication of the order in the court below, failing with the trial court shall enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of IIIrd Allitional District & Sessions Judge, Bettiah (West Champaran) in connection with Bettiah Town P.S. Case No. 138 of 2006, S.Tr. No. 549 of 2006. In the event the petitioner are granted bail in terms of the aforesaid order, the same 3 shall be subject to the following conditions:- (a) One of the bailors should be the own/ close family member of the petitioner. (b) The petitioner shall appear in person on the date fixed at the trial. In the event of default in appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)