IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43031 of 2009 1. Karia Yadav @ Kishore Yadav @ Kare Lal Yadav S/o Late Anandi Yadav resident of village Rajajan PS Mani Dist. Khagaria 2. Sulen Yadav S/o Bhujangi Yadav resident of village Rajajan PS Mani Dist. Khagaria 3. Fekan Singh S/o Jagdish Singh resident of Village Chak Hussaini PS Mansi Dist. Khagaria Petitioners Versus STATE OF BIHAR . ----------- 04/ 30.06.2010 Heard learned counsel for the petitioners and the State. All the three petitioners are being tried for the offence under section 302/34 of the Indian Penal Code in Mansi P.S.Case no. 115 of 2008. Earlier prayer for bail of the petitioners was rejected but now petitioners have filed application afresh keeping in view some developments have made in the trial of the case. Submission is that out of nine named witnesses for the prosecution, seven witnesses have already been examined and none of them identified these petitioners and chance of their conviction as of today seems remote. Petitioners are unnecessarily facing incarceration because few witnesses are not turning up for a while now. They categorically undertake that if they are released on bail, they shall not frustrate the trial in any manner and would appear on each and every date personally and participate in the trial till its conclusion. In this regard they are also willing to execute sureties and abide by the terms and conditions which may be laid down by this court. With a categorical statement and undertaking given to this court about participation of these petitioners, let these petitioners be enlarged on bail in connection with Mansi P.S. Case no. 115 of - 2 - 2008 on furnishing bail bond of Rs 20,000-/ each with two sureties of the like amount each to the satisfaction of the District & Sessions Judge, Khagaria in Sessions Case No.93 of 2009. One of the sureties will be executed by either father or mother of the petitioners as the case may be and other by elected representative of the area. It is categorically recorded that if the petitioners fail to appear on the date fixed they risk loosing freedom of bail granted by this court. shahid (Ajay Kumar Tripathi,J))