IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23910 of 2011 1. Sukai Mahto 2. Jitendra Mahtro Versus The State Of Bihar ----------- 02. 27.07.2011 Heard learned counsel for the petitioners. Nobody appears on behalf of the State. This is the third attempt of the two petitioners before this Court seeking bail in a case instituted under diverse sections of the Penal Code including section 302 IPC. On 10.05.2010, this Court rejected the prayer of the petitioners for grant of bail in Cr. Misc. No. 45288 of 2009 (Annexure-1). Petitioners renewed their prayer for bail by order dated 05.01.2011 (Annexure-1/1). Said application was dismissed as petitioners had directly moved this Court for grant of bail. Petitioners thereafter moved the trial court for grant of bail which was rejected under order dated 17.06.2011 and aggrieved thereby the present application has been filed. It is submitted that petitioner no.1 is in custody since 30.06.2009, whereas petitioner no.2 is in custody since 29.07.2009. It is further contended that one of the similarly placed co-accused(s) moved this Court for bail in Cr.Misc. No.7351 of 2011 which was disposed of by order dated 9.3.2011 (Annexure-3). Learned counsel submits that present application deserves to be disposed of in the light of the said order. It appears from the impugned order that as many as 2 13 prosecution witnesses have already been examined. The trial court has taken steps for examination of the remaining prosecution witnesses. In the facts and circumstances of the case and in view of submissions of learned counsel for the petitioners, this Court while declining the prayer of the petitioners, disposes of the present application by following order: Let the trial court take all needful steps and conclude examination of remaining prosecution witnesses within five months from the date of receipt/communication of a copy of this order in the court below, failing which the trial court(Addl. District and Sessions Judge FTC. IV), Bettiah, West Champaran shall release the petitioners abovenamed on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each to its satisfaction in connection with Sessions Trial No. 564 of 2009 arising out of Sikarpur P.S. Case No. 134 of 2009, subject to the condition that one of the bailors shall be his own/close family member. The petitioners shall appear on each date fixed at the trial. In case of default in such appearance on two consecutive dates/occasions, the trial court shall cancel the bail bonds of the petitioners and secure their arrest in accordance with law. hr ( Kishore K. Mandal )