IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31469 of 2010 Bishnupad Ojha, son of Ram Pravaw Ojha, resident of village Ojhawalia, P.S. Shahpur, District- Bhojpur …….. Petitioner Versus The State Of Bihar …….. Opp.Party ----------- 3. 03/11/2010 By order passed on 6.8.2009 in Cr.Misc.No.15472 of 2009, application for bail of the petitioner was rejected and the court below was directed to expedite the trial of the case and conclude the same preferably within one year from the date of the order. Trial having not been concluded within one year, petitioner has renewed his prayer for bail. Earlier a report was called for from the court below as to whether trial of the appearing accused has been bifurcated and commenced or not and examination of the witnesses has started or not. Report has been received, which is dated 11.10.2010. From the report it appears that since 31.7.2007 efforts are being made by the court below for appearance of the witnesses in the trial but they have not appeared till now. Allegation against petitioner and three other accused persons were of firing upon 2 father of the informant, who had sustained two bullet injuries. Out of three, two had been allowed bail by this Court earlier. Petitioner is in custody since 16.6.2008. Considering the delay being caused in the trial by the prosecution itself, this application is allowed. Let petitioner Bishnupad Ojha be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Bhojpur at Arrah in Shahpur P.S.Case No.139 of 1993 (S.T.No.403 of 2007) with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ ( J. N. Singh,J.)