IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23530 of 2009 MD. KASHIM Versus STATE OF BIHAR ----------- 2 31.07.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under diverse Sections of the Penal Code including Section 302 of the Penal Code. Learned counsel for the petitioner submits that subsequently police submitted charge sheet under Section 306 of the Penal Code. Petitioner is husband. He is in custody since 14.01.2008. Earlier he approached this Court for grant of bail which was considered and rejected under order dated 08.08.2008 ( annexure-1).It appears the petitioner without moving the court below has approached this court, once again, for bail on the ground that although the trial has commenced but 05 witnesses, so far examined, have not supported the prosecution case. In fact, they have been declared hostile. Annexure-1 indicates that the son of the petitioner has supported the prosecution case. In the facts and circumstances of the case, this Court, while rejecting the prayer for bail directs/observes as under: Let the learned trial court conclude the trial by examining all the prosecution witnesses on or before 30th November 2009, failing which the petitioner is granted liberty to 2 move the trial court for grant of bail which shall be considered and disposed of uninfluenced by the present order passed by this court in the present proceeding. Sym/ (Kishore K. Mandal, J.)