IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40335 of 2010 SAMAR SINGH, S/O LATE ARJUN SINGH, R/O BATA GALI, SUJAGANJ, P.S.-KOTWALI, DISTRICT-BHAGALPUR. ………PETITIONER. Versus STATE OF BIHAR. ……………OPPOSITE PARTY. ----------- 04/ 18.03.2011 Heard counsel for the petitioner and counsel for the State. Prayer for bail of the petitioner was earlier rejected by an order passed by this Court dated 12.11.2009 in Cr. Misc. No. 32875 of 2009 with a liberty to renew his prayer for bail after one and a half year of his judicial custody. Counsel for the petitioner would submit that the petitioner is in jail since, 20.03.2009 i.e almost two years as on date and the end of the trial is nowhere in sight. This Court had earlier called for a report from the trial Court as to the present stage of trial and the time likely to be consumed in concluding the trial arising out of Bhagalpur, Kotwali P.S case no. 463 of 2006 (Sessions Trial No. 184 of 2010). The report of the trial Court dated 01.03.2011 is simply horrifying, wherein it has been stated that only two out of twenty witnesses have been examined so far, after the order of this Court and that eighteen witnesses are yet to be examined for which at least a period of one year would be required. If that be the pace of justice, prosecution and the police agency should thank their own star. Let a copy of this order be sent to the Superintendent of Police, Bhagalpur, for taking immediate steps for examination of the remaining witnesses. Considering the fact that the petitioner has remained in jail for a period of almost two years and the end of the trial of the petitioner is nowhere in sight, this Court would direct for release of the petitioner, namely, Samar Singh on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Bhagalpur in connection with Sessions Trial No. 184 of 2010 arising out of Bhagalpur Kotwali P.S case no. 463 of 2006 (subject to the following three conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. Ranjan (Mihir Kumar Jha,J)