IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12736 of 2011 KARI SAH Versus THE STATE OF BIHAR ----------- 02 02.05.2011 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of his application within course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 13.06.2002 in connection with Govind Ganj (Malahi) P.S. Case No. 139 of 2001 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 07.12.2010 passed in Cr. Misc. No. 31451 of 2010 with a liberty to the petitioner to renew his prayer for bail, if the trial of the petitioner is not concluded with four months from the date of passing of the above stated order. It appears from perusal of the impugned order of learned Ist Additional Sessions Judge that after passing of the above stated order, he could succeed to examine only two prosecution witnesses meaning thereby the trial of the petitioner is still pending. Although, the learned Ist Additional Sessions Judge, Motihari has taken almost all the possible steps to procure the attendance of prosecution witnesses but he could not succeed in his attempt. Therefore, it is apparent from the above stated facts that there is no possibility of disposal of the trial of the petitioner in near future. Considering the aforesaid facts as well as period of detention 2 of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Motihari, East Champaran in connection with Sessions Trial No. 487 of 2003 arising out of Govind Ganj (Malahi) P.S. Case No. 139 of 2001 subject to condition that one of the sureties must be relative of the petitioner and holder of landed property and furthermore, the petitioner shall attend the trial court on each and every date and if he fails to do so on two consecutive dates without having any genuine cause, the trial court shall be at liberty to cancel the bail bonds of the petitioner. Shahzad (Hemant Kumar Srivastava, J )