IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46842 of 2008 1. BINOD YADAV 2. Mukesh Yadav @ Kara Yadav Both sons of Ranjan Yadav, resident of village –Sihuli, P.S.Wena,District-Nalanda. Versus STATE OF BIHAR ----------- 2 25.11.2008 The petitioners are in custody since 20th July,2007 in relation to Sessions Trial no.750/07 pending before the learned 1st Additional Sessions Judge, Nalanda at Biharsharif for an offence under section 396 IPC read with Arms Act.This Court had twice rejected the bail application of the petitioners, which orders are to be found in Annexures 1 and 1/1 of this application. By order dated 25.3.2008 passed in Cr. Misc. no. 9833/08 ,while rejecting the bail application for the second time , this Court directed that if the trial is not concluded or if all the prosecution witnesses are not examined within a period of six months from that day, petitioners would be released on bail by the trial court itself. To my mind, the order was clear and unambiguous, yet regrettably the trial court in spite of this Court’s order, being brought to its notice, has chosen to reject the bail application holding that only investigating officer remains to be examined. That was not the order of this Court. In the facts and circumstances of the case, let petitioners Binod Yadav and Mukesh Yadav @ Kara Yadav be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two - 2 - sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge,Nalanda at Biharsharif in Sessions Trial no. 750 of 2007 (Noorsarsai P.S.Case no. 109 of 2007). singh (Navaniti Prasad Singh)