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Learned counsel for the petitioner is permitted to remove the defects in course of the day.

With the consent of learned counsel for the informant and the State, the matter has been taken up for consideration.

This is the third attempt of the petitioner to obtain bail in connection with Bikramganj P.S. Case No. 572 of 2018 registered for the offences punishable under Section 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner is in custody since 01.04.2019. He has no criminal antecedent.

A report has been received from the office of Superintendent of Police, Rohtas, Dehri-on-Sone dated 18.10.2022 wherein it is stated that Nanhak Rai was made accused in a case registered with Bikramganj Police Station and due to fear of his arrest he is absconding. The prosecution did not try to close the evidence of the witness Nanhak Rai due to Patna High Court CR. MISC. No.23191 of 2022(4) dt.14-12-2022 which no other witness could be produced before the learned court. In the meantime the informant Kameshwar Rai has expired and the witness Bhola Shankar Rai has been arrested and sent to judicial custody. Other witness Hareram Rai and Chandra Shekhar Rai have also been arrested.

Learned counsel for the informant has though opposed the prayer for bail of the petitioner but is unable to say as to why the prosecution witnesses are not putting appearance despite issuance of non bailable warrants against them.

Be that as it may, at this stage, considering the report of the learned trial court, this Court is granting four months further time to the prosecution to produce the witnesses on the date fixed in the matter. For this purpose, the learned trial court shall keep the records on day to day basis. The prosecution must cooperate. If the trial still remains unconcluded for no reason attributable to the petitioner, the petitioner shall be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.VIII, Rohtas, Sasaram in connection with Bikramganj P.S. Case No. 572 of 2018, and other conditions which may be imposed by the learned trial Patna High Court CR. MISC. No.23191 of 2022(4) dt.14-12-2022 it will be subject to the conditions as laid down under Section 437 (3) Cr.P.C.