IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33325 of 2011 Pramod Paswan Versus The State Of Bihar ----------- 02. 28.09.2011 Heard learned counsel for the petitioner and learned APP for the State. This is the third attempt of the petitioner in this Court seeking bail in a case instituted under section 302/34 IPC and section 27 of the Arms act. In an occurrence committed on road two persons lost their lives. The first prayer of the petitioner was rejected by this court on 10.05.2010. Petitioner within seven months thereafter again moved this Court for bail which was considered and rejected by order dated 02.02.2011 (Annexure-1). Operative portion of the order reads as under:- “Considering the submission that the petitioner is in custody since 15.10.2009 and the trial has already been taken up in which several witnesses have already been examined, this Court grants liberty to the petitioner to renew prayer for bail in the said Court itself, if all prosecution witnesses are not examined within six months from the date of receipt/communication/production of a copy of this order. In that event, the Court below/Trial Court shall consider his case for bail on merit and dispose of the same in accordance with law uninfluenced by the present order.” Learned counsel for the petitioner submits that on expiry of period of six months, he approached the trial court for bail, which was rejected on the ground that the trial has commenced in which as many as 11 witnesses have already been examined. Learned counsel submits that petitioner is in custody since 15.10.2009 and there is no allegation of firing attributed to him. It is also contended that another 2 co-accused Banaras Paswan has been released on bail by this Court in Cr.Misc. No. 29475 of 2010. Learned APP opposes the prayer and submits that the occurrence was committed in dare-devil manner on road in which two lives were lost. Having heard the parties and on perusal of materials on record including the order dated 02.02.2011 as well as the impugned order, this Court, while declining the prayer of the petitioner, disposes of the application by the following order:- Let the trial court endeavour to examine the remaining prosecution witnesses within two months from the date of receipt/communication of this order in the court below, failing which the trial court(Addl. Sessions Judge, FTC IV, Nalanda) shall release the petitioner abovenamed on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with Sessions Trial No. 231/2010 arising out of Rahui (Wena) P.S. Case No.245/09 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear on each date fixed at the trial. In case of default in such appearance without there being any compelling circumstance therefor, the trial court shall cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )