IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21769 of 2009 TEJO RAM Versus THE STATE OF BIHAR ----------- 02 10.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has renewed the prayer for grant of bail in a case instituted under Sections 147, 447, 341,342, 323 and 302 of the Indian Penal Code. As per F.I.R. the petitioner is the assailant. Earlier the petitioner had moved this Court for grant of bail which was considered and rejected under order dated 25.11.2003 (Annexure-1). Learned counsel appearing on behalf of the petitioner submits that the petitioner is languishing in jail custody since 18.6.2003. Referring to the impugned order it has been contended that although 10 prosecution witnesses have been examined, but thereafter the trial is hibernating as the court is vacant. It appears from the impugned order that eight prosecution witnesses have already been examined in this case. Only the Investigating Officer as well as Doctor are to be examined on behalf of the prosecution. Learned A.P.P. appearing on behalf of the 2 State, submits that there is no fresh material on record justifying reappraisal of the allegations. He however accepts that continued incarceration of the accused without their being trial requires consideration of the court. Having regard to the submissions advanced on behalf of the parties, this court, while declining the prayer made in this application for bail, disposes of the present application in the following manner:- (i) Let the learned trial court in seisin of the trial (S.T. No. 404 of 2003) make all endeavor and conclude the examination of all prosecution witnesses on or before 6th of November, 2009, failing which the trial court shall enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the 3 satisfaction of the Additional District & Sessions Judge, F.T.C._IV, Saharsa in connection with Bihra P.S. Case No. 24 of 2003, S.Tr. No. 404 of 2003. In the event the petitioner is granted bail in terms of the present order, the same shall be subject to the following conditions:- (a) One of the bailors shall be the own/close family member of the petitioner. (b) The petitioner shall appear in person on the date (s) fixed at the trial. In the event of default on two consecutive dates the trial court shall have liberty to cancel the bail bonds and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)