IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18434 of 2009 JAGDISH CHOUDHARY Versus THE STATE OF BIHAR ----------- 03 29.07.2009 Heard counsel for the petitioner. Nobody appears on behalf of the State. Petitioner has renewed prayer for grant of bail in a case instituted under Sections 302, 147, 148, 149, 342, 436 of the Indian Penal Code and 27 of the Arms Act. Earlier he had approached this Court for grant of bail in Cr. Misc. No. 14577 of 2007 which was considered and rejected under order dated 7.5.2008 (Annexure-1). The concluding paragraph of the said orders reads thus:- “Having regard to the allegation, this Court is not inclined to admit the petitioner on bail. Considering the facts that he has already remained in custody for more than two years, this Court is persuaded to observe that the learned trial court shall take all effective steps to conclude the trial within a period of ten months from the date of receipt of this order in the learned court below. In the event of non conclusion of the evidence of the prosecution within the same time, the petitioner is given liberty to renew his prayer for bail.” This Court under order dated 24.6.2009 2 called for status report from the trial court which has been sent to and received in this Court and placed at Flag-A. It appears from the said report that till date out of ten prosecution witnesses, only five witnesses have been examined. Thus, it appears that still five more witnesses are to be examined. Having considered the submissions and after going through the materials on record including the allegations, the previous order and the report submitted by the trial court, this Court while declining the prayer made on behalf of the petitioner disposes of the present application in the following observations/directions: Let the trial court take steps to examine the remaining prosecution witnesses on or before 30th of November, 2009, failing which the trial court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction. In the event the petitioner is granted privilege of bail in terms of the present order the same shall be subject to following conditions:- (I) One of the bailors shall be the own/close family 3 member of the petitioner. (II) Petitioner shall appear before the court below in person on each date 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 his bail bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)