IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5847 of 2010 KAILU MANDAL Versus STATE OF BIHAR ----------- 03. 18.03.2010 Heard both sides. This is the second attempt of the petitioner to seek bail in a case instituted under Sections 341, 323, 324, 307 of the Penal Code and Section 27 of the Arms Act. On earlier occasion his prayer for bail was rejected by order dated 25.08.2009 (Annexure-1), giving him liberty to renew prayer for bail after five months. It is submitted that although charges in the case have been framed on 17.07.2009, but thereafter the trial has not progressed as not a single witness on behalf of the prosecution has been examined. Learned counsel for the petitioner handed in the order sheet of Sessions Trial No. 127 of 2009, which is placed on record marked ‘Y’. It is next submitted that he is in custody since 23.01.2008. In the facts and circumstances of the case, petitioner, named above, is directed to be released 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 Additional Sessions Judge (F.T.C.No. V), Gaya in connection with Sessions Trial No. 90 of 2009 arising out of Barachatti P.S. Case no. 114 of 2007, subject to the following conditions: (i) One of the bailors should be the 2 own/close family member of the petitioner. (ii) The petitioner shall appear in person before the Court below on each dated fixed at the trial. In case of default in such appearance on two consecutive dates it shall be open to the trial Court to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)