IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24036 of 2011 Raghu Yadav @ Rogaha Versus The State Of Bihar ----------- 02 20.07.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. This is the second attempt of the petitioner in this Court to seek bail in a case instituted under Sections 396 and 397 of the Penal Code. Earlier his prayer for bail was considered and rejected by order dated 10.05.2010 (Annexure-1). This Court while rejecting the prayer for bail observed as under:- “ In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. His prayer for bail is accordingly rejected. This Court only observes that if there is undue delay in taking up the trial and concluding the same, the petitioner may renew his prayer for bail.” It is submitted by learned counsel for the petitioner that 09 witnesses so far have already been examined on behalf of the prosecution. It is next contended that the person, who was accompanying the informant on the motorcycle, in course of his deposition, has not supported the prosecution case. From the order impugned passed by learned trial Court it appears that the trial has progressed inasmuch as 09 prosecution witnesses have already been examined. Only the doctor and investigating officer are required to be examined. Petitioner seems to be in custody since 25.6.2009. Having considered the submissions and on perusal of the materials on record, this Court, while declining the prayer for grant of bail, disposes 2 of the application by the following order:- Let trial Court examine the remaining prosecution witnesses within 03 months from the date of receipt/production of a copy of this order failing which the trial Court shall release the petitioner, above named, 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 District and Sessions Judge, Fast Track Court No. VI, Saharsa in connection with Sessions Trial No. 21 of 2010, arising out of Sonbarsa Raj P. S case no. 56 of 2009, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner. (ii) Petitioner shall appear before the Court below on on each date fixed at the trial till the defence witnesses, if any, are examined. In case of default in such appearance, trial Court shall cancel the bail bond of petitioner and secure his arrest in accordance with law. By foot note this Court clarifies that petitioner shall fully cooperate in quick disposal of the trial. Let a copy of this order be communicated to the Court below through ‘FAX’ at the cost to be deposited by the petitioner. Sym ( Kishore K. Mandal, J. )