IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26742 of 2011 Ziyaul Haque, S/o Late Sheikh Geyan, Resident of village – Chainpur Dhaka, P.S. – Dhaka, District – East Champaran. ……….. Petitioner Versus The State Of Bihar …………. Opp. Party ---------------------------------- 3 19.10.2011 Heard Sri Y.C. Verma, learned senior counsel for the petitioner and Sri Shyam Bihari Singh, learned Additional Public Prosecutor. This is the second attempt for grant of bail. Earlier, prayer for bail of the petitioner was rejected on 04.02.2011 vide Cr. Misc. 26100 of 2010. Keeping in view the fact that the petitioner was in jail since long, while dismissing the prayer for bail the court below was directed to proceed with the case expeditiously so that the case may come to its logical end without unnecessary delay. Learned senior counsel for the petitioner submits that in this case charges were framed on 07.09.2010 which has been mentioned in paragraph no. 17 of the bail petition. However, till date, not even single witness has been examined. In this case, by the order dated 17.08.2011, a report was called for from the court below which has been received and kept at flag ‘C’. The Report makes it clear that the case is fixed for evidence and summon & warrant have been issued to produce the witnesses. The fact that charges were framed on 07.09.2010 and till the date of Report i.e. 17.09.2011 the prosecution has not produced any witness to prove the case, creates serious doubt regarding early 2 conclusion of the trial. Since the petitioner is in custody from 24.04.2010 and despite direction of this court no positive progress has taken place during the trial, the court is of the opinion that the petitioner cannot be detained indefinitely without conclusion of the trial. Accordingly, the petitioner namely Ziyaul Haque is directed to be released on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, East Champaran at Motihari in connection with N.D.P.S. Case No. 53 of 2009 arising out of Dhaka P.S. Case No. 86 of 2009. Praful ( Rakesh Kumar, J.)