IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34473 of 2010
ATAUL @ ATTA @ ATABUL SK., SON OF HAKIMUDDIN SK.
Versus
THE STATE OF BIHAR
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3 06.10.2010 Heard learned counsel for the petitioner and the
State.
This is the third attempt of the petitioner before this
Court seeking bail. The earlier two attempts have already failed
as would appear from orders dated 14.2.2008 and 10.3.2010.
Learned counsel for the petitioner submits that after
disposal of his second application by order dated 10.3.2010, no
further progress has been achieved at the trial. It is categorically
stated that till today, only four witnesses have been examined in
this case who have not supported the prosecution case.
Considering the materials on record including the
order dated 14.2.2008 and 10.3.2010, this Court, while declining
the prayer made on behalf of the petitioner, disposes of the
present application by the following order:
Let the Trial Court endeavour and complete the
examination of all prosecution witnesses within five months from
the date of receipt/communication of the order in the court below
failing which the Trial Court shall release the petitioner on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to its satisfaction subject to the
following conditions:
(i) One of the bailers will be own/close
2
family member of the petitioner.
(ii) The petitioner shall appear in person on
each and every date fixed in the Court
below. In case of default on two
consecutive occasions without any
cogent/satisfactory reason, the bail bond
of the petitioner shall be cancelled and
thereafter the Trial Court will be at liberty
to secure his arrest in accordance with
law.
( Kishore K. Mandal, J. )
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