IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32291 of 2011 1. Dara Singh S/O Lal Singh R/O Village - Dhanpura, P.S. Kedarchak, District - Badayawn ( U.P. ) 2. Krishna Singh S/O Hiralal Singh R/O Village - Kukurghat, P.S. Itawa, District - Itawa ( U.P. ) ------- Petitioners Versus The State Of Bihar & Ors ------ Opposite Party ---------------------------------- 4 30.11.2011 Heard Sri Dilip Kumar Roy, learned counsel for the petitioners and learned Additional Public Prosecutor. This is the second attempt for grant of bail. Earlier prayer for bail of the petitioners was rejected on 09.02.2011 vide Cr. Misc. No. 32678 of 2010. Keeping in view the fact that the petitioners were in custody since the month of December, 2008, the court had directed the court below to proceed with the case so that the case may come to its logical end without any delay. Vide the order dated 19.10.2011, a report from the court below regarding the stage of trial was called for and same has been received and kept at flag ‘A’. Perusal of the report indicates that out of nine witnesses only three witnesses have been examined and last witness was examined on 11.02.2011, and thereafter, despite efforts taken by the trial court prosecution has not produced any witness. Accordingly, the court is of the opinion that there is no possibility of early conclusion of trial. The petitioners can be extended the privilege of bail. Let both the petitioners namely Dara Singh and Krishna Singh, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount 2 each to the satisfaction of learned IInd Additional District & Sessions Judge, Samastipur, in connection with Ujiarpur P.S. Case No. 280 of 2008, S.T. No. – 212 of 2009 with condition that (i) one of the bailors must be local person; and (ii) on each and every date during the trial the petitioners shall remain physically present failing which their bail bonds shall stand automatically cancelled. However, in special exigency, they can remain absent on a particular date with prior permission of the Trial Court. Praful ( Rakesh Kumar, J.)