IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13864 of 2010 SANJIVAN KUMAR @ DUKHAN KUMAR S/O SATYA NARAIN SINGH Versus STATE OF BIHAR ----------- 02. 28.04.2010 Heard both sides. Petitioner has renewed his prayer for grant of bail in view of the liberty so granted to him by order dated 20.08.2009, passed on his earlier bail application bearing Cr. Misc. no. 20841 of 2009(Annexure-1). The concluding portion of the said order reads thus:- “However, the petitioner is given liberty to renew his prayer for bail after seven months, if in the meanwhile the trial of the case is not taken up.” Learned counsel for the petitioner brings to the notice of this Court to the averments made in paragraph no.(xi) of the bail application which reads as under:- “That seven months have been passed since 20.08.2009 but uptill now not a single witness has been examined in this case hence this petition for bail in view of the order passed in Cr. Misc. No. 20841 of 09 besides this the merit of the case the petitioner deserves bail now.” Let the learned trial Court verify the aforesaid submission, and if it is found correct, the trial Court or the Court in seisin of the case, shall release the petitioner, named above, 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 C.J.M., Nawada in connection with Govindpur P.S. Case no. 74 of 2 2008, subject to the following conditions:- (i) One of the bailors should be the own/close family member of the petitioner. (ii) Petitioner shall appear in person before the Court below on each dated fixed at the trial. In case of default on two consecutive dates, the trial Court shall have liberty to cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)