IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34635 of 2011 Gopal Prasad , Son of Ganga Prasad, resident of Village-Babourban Purvari Tola, P.S. Rajepur, District-East Champaran --- Petitioner Versus The State Of Bihar ---------------------------------- 02 19-10-2011 Heard Sri Rakesh Kumar, learned counsel for the petitioner and Sri Shyam Bihari Singh, learned Addl. Public Prosecutor. This is the second attempt for grant of bail of the petitioner. Earlier the prayer for bail of the petitioner was rejected on 07.02.2011 vide Cr.Misc.No.30897 of 2010 along with Cr.Misc.No.30614 of 2010 (Ram Babu Prasad Vs. State of Bihar). Learned counsel for the petitioner submits that on last occasion the prayer for bail of the petitioner was rejected on one of the grounds that the petitioner was having criminal antecedent. It was submitted that the petitioner was not having any criminal antecedent and a specific statement has been made in paragraph-4 of the petition, wherein it has been indicated that the petitioner has no criminal antecedent. It was further submitted that other co-accused, whose prayer for bail was rejected along with bail of this petitioner, was named in the F.I.R., but the petitioner was not named in the F.I.R. It was further argued that till date out of 18 witnesses, only six witnesses have been examined and out of them four have turned hostile and remaining two witnesses, who though supported the prosecution case has not stated anything against the petitioner. 2 Learned counsel for the petitioner submits that since there are altogether 18 cited witnesses, there is no possibility of early conclusion of the trial and the petitioner is continuing in custody since 18.12.2009. In view of the facts and circumstances, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl.Sessions Judge, F.T.C.IV at Motihari ( East Champaran) in S.Tr.No.681 of 2010 arising out of Rajepur P.S. Case no.65 of 2008. NKS/- ( Rakesh Kumar, J.)