IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17670 of 2011 DHANANJAY YADAV @ BHURA YADAV Versus THE STATE OF BIHAR ----------- 02 22.06.2011 Heard both sides. This is repeat application on behalf of the petitioner seeking bail. Earlier his prayer for bail was considered by this Court in Cr. Misc. no. 16949 of 2010. Considering the allegation and the materials reflected from the record, his prayer for bail was rejected by order dated 13.05.2010 (Annexure-1). However, taking into account the fact that the petitioner is languishing in jail since 21.01.2008, this Court had observed that if all the prosecution witnesses are not examined within 07 months from the date of receipt/communication of the order in the Court below, the petitioner may have liberty to renew prayer for bail. In the light of said liberty, the petitioner has approached this Court again seeking bail. Learned counsel for the petitioner submits that till date 08 witnesses have been examined on behalf of the prosecution out of ten witnesses to be examined in the present case. It is submitted that the victim as well as the informant has not claimed identification of the petitioner in Court in course of their deposition(s). Learned A.P.P. appearing on behalf of the State, on the other hand, submits that the petitioner is facing an allegation which is heinous in nature. It appears that after rejection of his prayer for bail, the petitioner moved the trial Court (learned Additional Sessions Judge, Fast Track Court no.2, Patna) for bail. It appears from the impugned order that 08 2 witnesses have so far been examined on behalf of the prosecution and steps are afoot to examine the remaining two witnesses. Having considered the submissions made on behalf of the parties and on perusal of the materials on record, this Court, while declining the prayer, disposes of this application by the following order:- Let trial Court endeavour and examine the prosecution witnesses within 02 months from the date of receipt/production of a copy of this order, failing which the trial Court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court no. 2, Patna in connection with Parsa Bazar P.S. case no. 21 of 2007, Sessions Trial no. 647 of 2010 subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner. (ii) The petitioner shall continue to appear on each date fixed at the trial, failing which the trial Court shall have liberty to cancel the bail bond(s) and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J. )