IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.433 of 2010 1. AKHILESHWAR RAI, s/o Sri Rampravesh Rai 2. Vijay Rai s/o Sheo Nath RAi Both resident of Allahanpura, P. S.- Bihta, District- Patna…. Petitioners. Versus STATE OF BIHAR ----------- 3. 03.08.2010 Heard learned counsel for the parties. Mr. Shakil Ahmad Khan, learned senior counsel for the petitioners would point out that earlier the prayer for bail of the petitioners was rejected by an order dated 15.5.2008 wherein a liberty was given to the petitioners to move the court below by renewing their prayer for bail within a period of one and a half years. In this context, Mr. Khan would refer to the order dated 25.11.2009 which would go to show that the trial is pending due to non-examination of the witnesses who have not been examined after 10.6.2009. Mr. Khan would also refer the report of the trial court wherein the court has been shown to be vacant and one of the co-accused Manoj Rai is also absconding. Be that as it may, the trial of the petitioners having not concluded and they are in custody since 27.1.2007 i.e. for a period of more than three and a half years, petitioners namely, Akhileshwar Rai and Vijay Rai 2 are directed to be released on bail in connection with Bihta P.S. Case no. 03 of 2007 (Sessions Trial No. 1494/2008) on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-I, Danapur, subject to the condition that; (i) they would remain present in course of trial on each and every day and their absence even for one day will entail the automatic cancellation of their bail. (ii) one of the bailors would be either of parents or wife of the petitioners. With the aforementioned observation and direction, this application is disposed of. kanchan (Mihir Kumar Jha, J.)