IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38278 of 2009 Dharmbir Rai, son of Sri Keshwar Rai, resident of village Ram Nagar Diara Tola Ganpat Rai, P.S. Athmalgola, District- Patna ………… Petitioner Versus The State Of Bihar …………… Opp.Party ----------- 3. 14/07/2010 Heard learned counsel for the petitioner and learned counsel for the State. By order dated 16.10.2008 passed in Cr.Misc.No.31012 of 2008, application of the petitioner for grant of bail to him was rejected by this Court with liberty to renew his prayer for bail if trial is not concluded within one year. Trial has not concluded till now. The report received from learned trial court show that all the accused persons are appearing and there is no attempt on the part of the accused persons to delay the trial. Some prosecution witnesses are still to be examined in the case and for their non-appearance, trial is lingering. Case is under section 307 and other allied sections of the Indian Penal Code. Petitioner has remained in jail since 29.3.2008. - 2 - Considering the period of incarceration of the petitioner and the fact that the trial is lingering due to non- appearance of prosecution witnesses, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IIIrd, Barh in Sessions Trial No.2554 of 2008, arising out of Barh (Athmalgola) P.S.Case No.254 of 2006, with a condition that the petitioner shall personally appear in the trial on each and every date. Pradeep/ ( J. N. Singh, J.)