IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43487 of 2008 SWARATH YADAV, Son of Ram Ratan Yadav, R/o Village- Bahrawan, P.S.- Barh, District- Patna. -------- Petitioner Versus STATE OF BIHAR -------- Opposite Party. ----------- 2 22.10.2008 The petitioner’s bail application was earlier rejected on two occasions on 30.8.2007 and 21.5.2008 with an observation that the petitioner may move this Court for bail if the witnesses do not turn up even after issuance of non-bailable warrant of arrest. At paragraph 19 of the bail application it has been stated that warrant was issued on 17.7.2008 and on the date fixed by the Court which were 18.7.2008, 30.7.2008, 9.8.2008, 18.8.2008 right up to 22.9.2008. The witnesses had not turned up, the petitioner is in custody since 13th April, 2005. Considering the period of custody, the petitioner Swarath yadav is directed to be released on bail in connection with Barh P.S. Case No. 166 2 of 2002 (Sessions Trial No. 67 of 2007) on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Court of Additional Sessions Judge, III, Barh with the conditions that one of bailer should be a relative of the petitioner and the petitioner should co- operate with the Court and appear on each and every date during trial and if he absents even for a single date his bail bond shall stand cancelled. Sanjay (Sheema Ali Khan, J.)