IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42428 of 2008 LAXMAN SAH @ LAXUMAN SAH Versus STATE OF BIHAR ----------- 3. 18.12.2008 Heard counsel for the parties. The petitioner has renewed his prayer for bail in a case instituted initially under section 307 IPC, but subsequently section 302 was added. Records reveal that the petitioner earlier approached this Court for bail which was heard and rejected with certain observations under order dated 21.01.2008 (annexure-1). From perusal of the said order it shows that while appreciating the submission made by the rival parties, this Court granted the petitioner liberty to renew his prayer for bail if the trial is not concluded within nine months. This Court under order dated 22.10.2008 called for a progress report from the trial court. The said report has been annexed as Flag A. On perusal of the report it indicates that out of 15 chargesheet witnesses the trial court has been able to examine four witnesses till date. It has also been indicated that efforts are being made to examine the rest of the prosecution witnesses. Having regard to the facts emanating from the records, this Court for the present, is not inclined to admit the petitioner to bail. However, having regard to the observation made by this Court and liberty given to the petitioner, this Court is persuaded to direct as follows: 1. Let the trial court take effective steps to conclude the evidence to be led on behalf of the prosecution on or before 31st of March, 2009. - 2 - 2. In the event, the examination of p.ws. is not concluded for no fault on the part of the petitioner the trial court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/ - with two sureties of the like amount each to the satisfaction of Addl.Sessions judge, F.T.C. 4 Motihari in Adapur (Harpur) p.s.case no. 15/07 S.Tr.no.936/07. 3. In the event the petitioner is granted bail in terms of this order, the same shall be subject to the condition that one of the bailors will be his own/close family member. 4. The petitioner shall continue to appear in person on each and every date fixed in the trial and in case of non-appearance without sufficient/cogent reason shown to the court concerned, the trial court shall be at liberty to cancel his bail bonds in accordance with law. With the aforesaid directions/observations, this application is disposed of. hr ( Kishore K. Mandal )