IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21051 of 2010 PINTU YADAV Versus STATE OF BIHAR ----------- 03. 28.07.2010 Heard counsel for the parties. Petitioner has renewed his prayer for grant of bail in view of liberty so granted to him on his earlier bail application being Cr. Misc. No.16496 of 2009 (Annexure-1). Considering the allegations and materials available on record, his prayer for bail was refused. He was, however, granted liberty to renew his prayer for bail after ten months if the trial is not taken up. Status report as called for has been received and is placed at Flag A. On perusal of the report it appears that charges have been framed on 24th August, 2009, but prosecution has failed to produce any witness. The case is fixed for evidence on 12.07.2010. It is contended that petitioner is in custody since 30.01.2009. Having considered the submissions made on behalf of the petitioner and after going through the materials on record, this Court while declining the prayer of the petitioner, disposes of this application in the following manner: “Let the trial court make endeavour to examine all the prosecution witnesses within five months from the date of receipt/communication of this order in the court below, failing which the trial court shall release the petitioner abovenamed on bail on furnishing bail bond - 2 - of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned IVth Addl. Sessions Judge, Rohtas at Sasaram in S.T.No.203/09 arising out of Dehri(T) P.S.Case no.218/2008 subject to the condition that one of the bailors shall be his own/close family member. He shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall cancel the bail bonds of the petitioner and secure his arrest in accordance with law.” hr ( Kishore K. Mandal )