IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35745 of 2009 AJAY YADAV, Son of Binay Yadav Versus THE STATE OF BIHAR ----------- 7/ 31.03.2010 Heard learned counsel for the petitioner and the State. The prayer for bail of the petitioner was earlier rejected thrice i.e. on 04.10.2007, 13.05.2008 and 06.05.2009. While rejecting the prayer for bail of the petitioner on 06.05.2009, an observation has been made that in case the trial is not concluded within four months, the petitioner may renew his prayer for bail. A report has been called for from the trial court, from which it would appear that all the witnesses were examined on 18.11.2009, except the investigating officer and the Doctor. Learned counsel submits that he has instructions that even today, though more than three months have passed since examination of last witness, the investigating officer and the Doctor have not been examined. It is further submitted that petitioner is willing to appear on each and every date fixed in the case before the trial court. He submits that petitioner is in custody since 04.05.2006. It appears that despite order dated 06.05.2009, the trial has not concluded and it further appears that all the prosecution witnesses except the investigating officer and the Doctor have been examined on 18.11.2009, but since more than last three months neither the investigating officer nor the doctor has come to depose in the case. In the circumstances, petitioner, named above, is directed to - 2 - be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IIIrd, Naugachhia, Bhagalpur in connection with S. Tr. No. 893 of 2007, arising out of Bihpur (Bhawanipur) P.S. case no. 40 of 2005 with the condition that one of the bailors should be his own family members and the other should be a public servant. Furthermore, the petitioner will appear on each and every date fixed till the disposal of the case. Uday/ (Samarendra Pratap Singh, J.)