IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.720 of 2011 DIN BANDHU SHARMA S/O- LATE GUPTESHWAR SHARMA Versus THE STATE OF BIHAR For the petitioner : Mr. Sheikh Akran Ahmad, Advocate For the State : Mr. J.K. Singh No. 1 APP 2 12.01.2011 Heard learned counsel for the petitioner and the State. This is third time of the petitioner before this Court for bail. Earlier on 7.8.2004, his prayer for bail was considered and rejected. Petitioner thereafter again moved this Court in Cr. Misc. No. 6940 of 2010 (Din Bandhu Sharma versus The State of Bihar). This Court by order dated 18.3.2010 (Annexure-1) rejected the same with an observation that if the case is not taken up within 09 months from the date of receipt/communication of a copy of this order, the petitioner shall have liberty to renew prayer for bail. Learned counsel for the petitioner submits that after expiry of the aforesaid period of nine months, petitioner moved the learned Trial Court for bail which was considered and rejected by order dated 20.12.2010. Referring to the said order, it is submitted that although trial of the petitioner has been taken up vide Sessions Trial No. 217/2009 but till today only two witnesses on behalf of the prosecution has been examined. It is seen from the said order that one of the co-accused of the case is lodged in Sasaram Jail in connection with another case for which steps have been taken by the Trial Court. Learned counsel for the petitioner once again highlights that petitioner continues to remain behind the bars since - 2 - 17.1.2009. Having considered the submissions advanced on behalf of the parties, this Court, while declining the prayer made on behalf of the petitioner for bail, disposes of the application of by the following order: Let the Trial Court endeavour and examine all prosecution witnesses within a period of six months from the date of receipt/production of a copy of this order failing which learned Trial Court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with Akorhigola P.S. case no. 06/09 (Sessions Trial No. 217/09) subject to the following conditions: (i) One of the bailers will be the own/close family members of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj (Kishore K. Mandal, J)