IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28640 of 2010 Gumani Rajvanshi S/O Sri Budhan Rajvanshi, resident of Village-Arai, P.S. Daudnagar and District-Aurangabad ---------------- Petitioner Versus THE STATE OF BIHAR ----------- 04 04-02-2011 Heard Sri Anirudh Kumar Verma, learned counsel for the petitioner and Sri A.M.P.Mehta, learned Addl.Public Prosecutor. The petitioner, who is in custody in Daudnagar P.S. Case No.196 of 2005 for the offence under Section 394 of the Indian Penal Code, has prayed for grant of bail. F.I.R. was lodged against unknown. However during the investigation the petitioner was made accused. In this case long back in the year 2007 charges were framed and till date despite best effort taken by the trial court, the prosecution has failed to produce any witness. Sri A.M.P.Mehta, learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioner. It was submitted that it was case of road robbery and the petitioner is having criminal antecedent. In this case, a report regarding the stage of the trial from the court below was called for, which has been received and kept at Flag-A. From perusal of the report, it appears that learned trial Judge has repeatedly issued direction to the concerned Superintendent of Police for evidence of witnesses, but all went in vain. Till date no witness has been examined 2 Considering the reluctant attitude of the prosecution, it would not be appropriate to further detain the petitioner. Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned Presiding Judge, Fast Track Court No.II, Aurangabad in Daudnagar P.S. Case No.196 of 2005 (S.Tr. No.61 of 2007/194 of 2010) NKS/- ( Rakesh Kumar, J.)