IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39861 of 2010 MAHESH PRASAD @ MAHESH YADAV SON OF MISHIR GOPE, RESIDENT OF VILLAGE PAHARPUR, P.S. CHANDI, DISTRICT- NALANDA AT PRESENT RESIDENT OF MIRJAPUR NOHTA KHAJURSAMA (AATA CHAKKI) P.S. FATUHA, DISTRICT- PATNA Versus THE STATE OF BIHAR ----------- 2 03.11.2010 Heard learned counsels for the petitioner and the State. Petitioner’s earlier attempts for bail were rejected by this Court as per the orders contained in Annexure-1 (series). Last such order rejecting the application for bail was passed on 17th August, 2009 and taking note of the fact that the petitioner is in custody since 11th May, 2004 the Court below was directed to expedite the trial in which out of twelve witnesses three were examined and prosecution proposed not to examine other six witnesses as they were gained over and for rest of the witnesses Dasti summons were issued for their production. It is submitted on behalf of the petitioner that till date no witness has been examined after 3rd November, 2009 and the trial has not been concluded as yet. Learned counsel for the petitioner further submits that the petitioner is the Bhaisur of the deceased whereas specific allegation of other of the deceased was against the husband and another Bhaisur of the deceased who had allegedly taken away the daughter of the informant - 2 - from her Naihar. Learned Addl. P.P. appearing for the State is not in position to refute the submission that the trial has not been concluded as yet despite direction of this Court to expedite the trial. Considering the submissions and the period of custody undergone by the petitioner, it is directed that let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, Patna City, Patna in connection with Fatuha P.S. Case No. 60 of 2004 ( S.T. No. 818 of 2005) with condition that the petitioner shall remain present on each and every date fixed in the trial save and except with the prior permission of the Court. Manish/- ( Shailesh Kumar Sinha,J.)