IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21402 of 2011
Bal Mukund Paswan @ Makuni
Versus
The State Of Bihar
-----------
03. 21.09.2011 Heard learned counsel for the petitioner.
Nobody appears on behalf of the State.
This is the third attempt of the petitioner in this
Court in order to seek bail in a case instituted under section
302/34 IPC. In the first attempt, his prayer for bail was
considered and rejected by order dated 25.07.2009 (Annexure-
1). He was, however, granted liberty to renew his prayer for bail
in case there is undue delay in disposal of the case. Petitioner
again moved this Court seeking bail which was considered and
rejected by order dated 27.10.2010 (Annexure-1/A). This Court,
while rejecting his prayer, observed as under:-
“Considering the period of custody, this
Court observes that if trial itself is not
concluded within a period of 08 months form
the date of receipt/communication of a copy
of this order in the court below, petitioner
shall have liberty to renew prayer for bail.”
This Court by order dated 06.07.2011, called for
status report. Same is on record at Flag A. It appears therefrom
that till the date of submission of report, four prosecution
witnesses have been examined on behalf of the prosecution.
Learned counsel states that this was the position of
2
the trial when the second order dated 25.07.2009 was passed. It
is also contended that petitioner is in custody since 11.01.2009.
Having heard learned counsel for the petitioner and
on going through materials on record including the two orders
as well as the report, this Court, while declining the prayer of
the petitioner, disposes of the application by the following
order:-
Let the trial court endeavour to examine
the remaining prosecution witnesses within two (02)
months from the date of receipt/production of a copy
of this order, failing which the trial court(A.D.J. cum
FTC IV Bhagalpur) shall release the petitioner
abovenamed on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the
like amount each to its satisfaction in connection with
S.T. No. 670/09 corresponding to Nathnagar P.S.
Case No.11/09 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,
failing which the trial court shall cancel his bail
bonds and secure his arrest in accordance with law.
( Kishore K. Mandal )
hr