IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17672 of 2010 BALRAM YADAV S/O LATE RAMESHWER YADAV Versus STATE OF BIHAR ----------- 02 12.05.2010 Heard both sides. Petitioner renews his prayer for grant of bail in view of the liberty so granted to him by order dated 30.07.2009. The concluding paragraph of the said order reads as under:- “However, if the trial of the case is not taken up and made substantial progress within 08 months from the date of receipt/communication of a copy of this order in the Court below, petitioner shall have liberty to renew prayer for bail.” Learned counsel for the petitioner with reference to the impugned order submits that few witnesses have been examined. This Court finds from the impugned order dated 16.04.2010, that only the Doctor and I.O. are yet to be examined in this case on behalf of the prosecution. Petitioner seems to be in custody since 21.10.2008. In that view of the matter, while declining the prayer for bail of the petitioner, this Court disposes of the present application in the following manner:- Let the learned trial Court take effective steps and ensure examination of the remaining two witnesses within two months from the date of receipt/communication of a copy of this order in the Court below, failing which the trial Court 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 2 each to the satisfaction of the Addl. Sessions Judge F.T.Court No. II, Supaul in connection with Sessions Trial no. 24 of 2009, arising out of Kishanpur P.S. case no. 171 of 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 date fixed at the trial. In case of default in such appearance 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. Let a copy of this order be transmitted to the Court below through FAX at the cost of the petitioner. Sym ( Kishore K. Mandal, J.)