IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51986 of 2008 RANJAN YADAV @ RAJAN YADAV, S/o. Ranjeet Yadav, r/o. Village- Raghopur Tikar, P.S. Nath Nagar, District-Bhagalpur. Versus THE STATE OF BIHAR ----------- 02 24.06.2009 The case is under Section 364, 120B, 302 & 201 of I.P.C. Heard. The petitioner’s prayer for bail was earlier rejected twice by this Court vide orders dated 18.08.2005 and 10.05.2007 under respective Cr. Misc. Nos.13645 of 2005 and 16611 of 2007 on the ground that in paras-38, 39 & 40 of the case-diary three witnesses had stated that the petitioner along with others being variously armed surrounded the deceased and in paras-36, 37 and 61 of the case-diary the petitioner along with co-accused Jodhan and Dinesh had confessed before police and on their confession the dead body of the deceased had been recovered. Today learned counsel for the petitioner as also stated in para-16 of the petition submitted that the witnesses namely, Karu Lal, Umesh Yadav and Anil Yadav who are said to have stated in paras-38, 39 & 40 of 2 the case-diary have been examined by the trial court and they have turned hostile and they have not supported the allegation on the petitioners along with others having surrounded the deceased. It is also submitted that the confession is said to have been made before police and not before any Magistrate. Further submission is that co- accused Dinesh Yadav and Jodhan Yadav whose cases are similarly situated have been allowed bail by different Benches of this Court vide order dated 08.05.2006 and 14.08.2006 under respective Cr. Misc. Case Nos. 15594 of 2006 and 27672 of 2006. Learned counsel also submits that the petitioner is in custody since 11.07.2004 i.e., for a period of four years and 11 months. It is also submitted that prosecution has not been able to produce any substantial witness in supported of its case and the trial is protracting and it is not likely to conclude in near future. In the facts and circumstances, petitioner Ranjan Yadav @ Rajan 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 the 1st Addl. Sessions Judge, Bhagalpur in connection with S.T. No.390 3 of 2005, T.R. No.37 of 2005, arising out of Nathnagar (Madhusudanpur) P.S. Case No.187 of 2004. Mkr. (C.M. Prasad, J.)