IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18372 of 2009 PARMESHWAR RAI, son of Deepa Rai, resident of village Datara Purshowli, P.S. Isuapur, District Saran at Chapra Versus THE STATE OF BIHAR ----------- 3. 7.10.2009 Heard counsel for the petitioner. The prayer for bail of the petitioner was earlier rejected on 2.5.2008 in Cr.Misc.No. 2922/2008 by recording a liberty that if the trial is not concluded against the petitioner within a period of one year he may renew his prayer for bail before this Court. This Court in fact had called for a report from the trial court as to the stage of the trial and the court below has recorded that after the charges were framed on 24.4.2008 only three witnesses, namely, Basmati Devi, Chameli Kuar and Suresh Rai, have been examined and cross-examined. That would mean that no serious effort was made by the prosecution for completing the trial, inasmuch as it is clear from the report of the court below that there was no laches on the part of the petitioner or the accused persons in delaying the trial. In such a situation when the 2 petitioner also claims to have no criminal antecedent and three witnesses already examined having not supported the allegation against the petitioner, this Court would direct for release of the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Isuapur P.S.Case No. 90/2007 on specific condition that he shall remain present on each and every day of the trial and his absence for two consecutive dates shall automatically entail the consequences of cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/