IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25443 of 2010 MD.CHAND Versus STATE OF BIHAR ----------- 02. 28.07.2010 Heard counsel for the parties. Petitioner has renewed his prayer for grant of bail in a case instituted under diverse sections including section 366/34 IPC. Initially, his application for bail was rejected by this Court on 25.08.2009 (Annexure-1). In view of liberty so granted by the said order, he again moved this Court for bail in Cr. Misc. No. 10611 of 2010 which was considered and disposed of on 28.04.2010 (Annexure-1/A). The concluding portion of the said order reads as under: “If all the prosecution witnesses are not examined in this case within five months from the date of communication of the order in the court below, the petitioner may approach this Court once again for bail.” Learned counsel for the petitioner has filed a supplementary affidavit stating therein that till date not a single witness has turned up in this case in spite of issuance of warrant of arrest. He also produced certified copy of the order-sheet of the court below in order to buttress the aforesaid submission. It is the contention of the petitioner that one of the co-accuseds, namely, Md. Guddu has been released on bail by this Court by order dated 30.06.2010, passed in Cr. Misc. No.18645 of 2010. Learned APP appearing on behalf of the State after having perused the certified copy of the order-sheet does not dispute - 2 - the aforesaid contention. Petitioner seems to be in custody since 31.03.2009 Taking into consideration the facts and circumstances of the case, I am inclined to grant bail to the petitioner. Let the petitioner abovenamed 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 Addl. Sessions Judge, Muzaffarpur, F.T.Court No.2 in connection with Sessions Trial No.791/09 arising out of Town P.S.Case No.137/09, 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 appearance on two consecutive dates, the trial court shall cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )