IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44909 of 2008 NAN GHURAL YADAV, S/o. late Khakhnu Yadav, Versus THE STATE OF BIHAR ----------- 05. 25.06.2010 The case is under Section 302/34 of the I.P.C. Heard. Bail prayer of this appellant was earlier rejected thrice by this Court vide orders dated 29.03.2004, 27.09.2006 & 27.09.2007 under respective Cr. Misc. Nos. 6240 of 2004, 41277 of 2006 & 44505 of 2007 in view of the allegation as per F.I.R. that the petitioner and other accused went to informant’s house and called his son and went away with him in the night at about 8.00 p.m. The informant learnt from the villagers that a dead body was lying on road near orchard. The informant went there and she found the dead body of her son (deceased) with stab injury on the neck and that one pair of plastic slipper belonging to the petitioner was found at the P.O. which indicated the petitioner’s complicity in the offence. Learned counsel for the 2 petitioner submits that there is no eyewitness in the case. Further submission is that the appellant is in custody since 25.05.2003, thus he remains incarcerated for a period exceeding seven years. Learned counsel says that the trial is still continuing. After filing of this bail application a report was called for from the trial-court about the stage of the trial and the probable time within which the trial was expected to conclude. The trial-court firstly vide its letter dated 25.04.2009 intimated that the trial would conclude within six months. But the trial did not conclude within the period. Subsequently, vide another letter dated 08.07.2009 the learned trial-court stated that the trial would conclude in further six months but trial did not conclude even within the further six months. Learned counsel for the petitioner filed supplementary affidavit dated 22.03.2010 stating that the trial was continuing. Learned counsel for the petitioner submits that despite such a long incarceration of the petitioner the trial has not been 3 concluded nor there is any likelihood of its conclusion in near future. In the facts and circumstances of the case, let petitioner Nan Ghural Yadav is admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C. No.III, Ara (Bhojpur) in connection with Sessions Trial No. 474 of 2006, arising out of Ara Muffasil P.S. Case No.75 of 2003. Mkr. (C.M. Prasad, J.)