IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33365 of 2010 DEEPAK KUMAR @ DEEPAK @ BABLOO S/O MAHESH PRASAD Versus STATE OF BIHAR ----------- 03 27.10.2010 Heard learned counsel for the petitioner and the State. Present is a repeat application seeking regular bail in a case instituted under Sections 395,412 of the Penal Code. Petitioner had earlier moved this Court for bail which was considered and rejected by order dated 18.08.2009 (Annexure- 1). He, however, granted liberty in the following manner:- “If the trial of the case is not taken up within a year, petitioners shall have liberty to renew their prayer for bail.” A status report was called for from the trial Court which has been sent to this Court and is placed at Flag- A. From perusal of the report, it appears that trial has already commenced in which 02 prosecution witnesses have been examined. Steps for securing the attendance of rest of the witnesses have been taken by learned trial Court. In that view of the matter, this Court while declining the prayer of the petitioner for bail disposes of the present application in the following manner:- Let learned trial Court conclude the examination of all the prosecution witnesses within a period of 05 months from the date of receipt/communication of a copy of this order, failing 2 which trial Court shall release the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge V, Sasaram in connection with Sasaram (T) P.S.Case no. 284 of 2009 and Sessions Trial no. 388 of 2009, subject to the following conditions:- (1) One of the bailors should be the own/close family member of the petitioner. (2) The petitioner shall appear in person before the learned trial Court on the date(s) fixed at the trial. In case of default on two consecutive dates trial Court shall cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)