IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21767 of 2009 AJAY JHA @ GUDDU JHA Versus THE STATE OF BIHAR ----------- 02 10.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is facing prosecution relating to highway robbery on a passenger bus. Learned counsel for the petitioner fairly states and the impugned order indicates that the trial is under way. It appears that the trial was bifurcated at one point of time, but subsequently they have been amalgamated and is/are under way in which several prosecution witnesses have been examined. It is contended that the witnesses at the trial have not supported the prosecution case. It is further submitted that the petitioner is in custody since 15.11.2007. Learned counsel further submits that some of the co-accused of the present case were granted bail way back in the year 2007-2008. Having regard to the facts of this case, this Court, while declining the prayer for grant of bail, disposes of the present application in the following manner:- 2 (i) Let the learned trial court make all endeavor to examine all the prosecution witnesses on or before 30th of November, 2009, failing which the trial court shall enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge, F.T.C._III, Bhagalpur in connection with Bath P.S. Case No. 27 of 2006, S.T. No. 523 of 2007/Tr. No. 101 of 2007 and S.T. No. 285/2008/Tr. No. 18 of 2008. In the event the petitioner is granted bail in terms of the present order, the same shall be subject to the following conditions:- 3 (a) One of the bailors shall be the own/close family member of the petitioner. (b) The petitioner shall appear in person on the date fixed at the trial. In the event of default on two consecutive dates the trial court shall have liberty to cancel the bail bonds and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)