AMARNATH RAI @ AMARNATH ROY v. STATE OF BIHAR

from this Court in a case instituted under sections 392 and 412 of Indian Penal Code in which section 411 of Indian Penal Code was subsequently appears to have been added. Initially his prayer for bail was considered and rejected vide order dated 7.5.2008. The petitioner, by filing the present application, has renewed his prayer for bail on the sole ground that there is no direct evidence against him. He is in custody since 15.2.2007. This Court under order dated 14.1.2009 called for a report from the Trial Court regarding the present status of the case/trial. The said report has been submitted and placed at Flag-X. It appears from the said report that the trial is going on and as many as three witnesses have already been examined in the case . Necessary steps are being taken to ensure the appearance of the rest of the witnesses. In the light of the facts appearing on the ground this Court while dismissing his application for grant of bail observes/directs as under: Let the Trial Court conclude the evidence on behalf of - 2 - the prosecution on or before 30th April, 2009. In the event of non-conclusion of the prosecution evidence for no fault on the part of the petitioner, the Trial Court shall enlarge him on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each subject to the condition that one of the bailers shall be close family member of the petitioner and further that the petitioner shall appear in person on the dates fixed in the case. In case of default on two consecutive dates, the Trial Court shall be at liberty to cancel the bail bond of the petitioner. The petition stands disposed of. ( Kishore K. Mandal, J )