IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40435 of 2010 GAGAN KUMAR GIRI Versus THE STATE OF BIHAR ----------- 02. 10.11.2010 Petitioner has renewed his application seeking bail. Earlier his prayer for bail was rejected with certain observations/liberty as would appear from order dated 10.02.2010(Annexure-1/1). Learned counsel for the petitioner with reference to the impugned order submits that out of 13 charge-sheet witnesses, only six (06) have been examined till date and remaining witnesses are yet to be examined. Petitioner is in custody since 02.01.2009. Having regard to the allegations and materials available on record, this Court while declining the prayer made on behalf of petitioner, disposes of the present application by following order: Let the trial court endeavour to examine all remaining prosecution witnesses within five (5) months from the date of receipt/communication of this order in the court below, failing which the petitioner abovenamed shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction Addl. Sessions Judge Fast Track Court No.3, Darbhanga in connection with Sessions Trial No. 317/09 arising out of Laheriasarai P.S. Case No.93/08 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear on each date fixed at the trial. In 2 case of default in such appearance on two consecutive dates, the trial court shall cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )