IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1292 of 2011 Ratan Mistry, son of Late Mangal Mistry, resident of Village Mohanpur, P.S. Sikandara (Chandradeep),District Jamui…………..Petitioner Versus The State Of Bihar………………..Opposite Party ----------- 3 23.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Bail application of the petitioner was earlier rejected by this Court, vide order dated 27.11.2009 passed in Cr. Misc. No.40358 of 2009. While rejecting bail application of the petitioner, the court below was directed to expedite the trial of the case and make all endeavours to conclude the same within one year failing which the petitioner granted liberty to renew his prayer for bail. Since the trial of the case has not been concluded, petitioner has moved this Court again for bail. The allegation against the petitioner is that he assaulted the deceased with Khanti due to which the victim died during his treatment. From the first information report, it appears that 2 the dispute got aggravated between the elders of two families after their children fought with each other and complained their elders in that regard. On the last date, learned counsel for the petitioner submitted that trial is not progressing and the prosecution has not produced any witness after charges were framed in the case. Therefore, he was directed to produce certified copy of the order sheet of the trial from the date charges were framed. The same has been produced today. Let it be kept on record. From the order sheet it appears that charges were framed on 26.10.2010 and thereafter on as many as six dates, the case was taken up but the prosecution did not produce any witness for examination. Thus, it is apparent that prosecution is delaying the trial of the case. In the circumstances, this application is allowed. Let petitioner (Ratan Mistry) 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 3 of the Additional Sessions Judge, Fast Track Court-II, Jamui in connection with S.T.No.243 of 2009 arising out of Sikandra (Chandradeep) P.S. Case No.67 of 2009 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. BT (J. N. Singh, J.)