IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35157 of 2009 BALESHWAR YADAV SON OF LATE CHANDERDEEP YADAV Versus STATE OF BIHAR ----------- 4. 9.12.2009 Learned Counsel for the petitioner is permitted to make correction in the prayer portion of the petition. The petitioner’s prayer for bail was rejected thrice by this Court, but by order dated 3.12.2008 passed in Cr.Misc.No.37684 of 2008 the trial court had been directed to conclude the trial within six months from the date of receipt of that order, but unfortunately even now the trial court is reporting that out of ten witnesses, only four witnesses have been examined and those four witnesses were examined even before 3.12.2008, meaning thereby that there is no progress in the trial. Taking into consideration the fact that the petitioner has been in custody since 25.8.2004 and the prosecution is not taking any interest in prosecuting the case, let the petitioner above named 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 IInd, Patna in Sessions Trial No.519 of 2005 arising out of Dhanarua P.S.case no.73 of 2004, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner and (ii) - 2 - that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )