IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46082 of 2009 MANOJ YADAV Versus STATE OF BIHAR ----------- 03. 18.03.2010 Heard both sides. This is the fourth attempt of the petitioner in order to obtain order granting bail by this Court in a case instituted under Section 395 of the Penal Code. On 02.05.2008, his prayer for bail was rejected. Renewal for bail was considered and rejected by order dated 02.12.2008. Lastly on 27.05.2009, the prayer for bail was rejected with an observation that if the trial does not conclude within seven months from the date of receipt/communication of a copy of this order in the Court below, the petitioner shall have liberty to renew prayer for bail. Status report was called for which is placed on record (Flag-A). Report dated 17. 02.2010 states that the trial is likely to be concluded within three months. Learned counsel for the petitioner submits that the petitioner is in custody since 20.06.2007. His name transpired through the confessional statement of co-accused Deepak Kumar who has been privileged with bail by this Court. This Court, in the facts and circumstances of this case, while declining the prayer for bail disposes of the present application in the following manner: Let the trial Court conclude the trial itself within two months from the date of receipt/communication of a copy of this 2 order in the Court below, failing which the trial Court shall release the petitioner, named above, on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court Ist, Bhojpur, Ara in connection with Udwantnagar P.S. Case no. 111 of 2005, corresponding to Sessions Trial No. 443 of 2008. In case the bail is granted to the petitioner, the same shall be subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) The petitioner shall appear in person before the Court below on each dated fixed at the trial. In case of default in such appearance on any date without there being any compelling reasons therefor the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)