IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28207 of 2009 GHONTI YADAV Versus STATE OF BIHAR ----------- 5 11.11.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 395, 397 and 412 of Indian Penal Code. His first prayer for grant of bail was refused by this Court under order dated 9.5.2008. The petitioner renewed his prayer for grant of bail by filing Cr. Misc. No. 41454 of 2008. This Court considered the submissions advanced on behalf of the petitioner and by an order dated 23.12.2008 rejected the same with the following observations in the last two paragraphs which is/are reproduced hereinbelow : “However, having regard to the fact that he has remained in custody for nearly one and half years and that his application for bail was rejected “for the present”, this Court observes as under: Let the trial court take all steps to conclude the trial within five months from the date of receipt of a copy this order and in the event the trial is not concluded within the said period, for no fault of the petitioner, the petitioner may renew his prayer for bail.” By previous order, a status report was called for. The said report is on the file marked as “X”. It appears from the report of the learned Trial Court that the charges have been framed against the petitioner (Ghonti Yadav) on 26.10.2009. Learned counsel submits that this Court had granted five months time to conclude the trial considering the fact that the petitioner has remained in custody for one and half years. It is once again 2 highlighted that recoveries of certain looted articles were made from a house which was half built inasmuch as there was no door/window fixed. It is submitted that by now, the petitioner has completed over two years of jail custody. In the facts and circumstances of the case, this court is now persuaded to admit the petitioner to bail. let 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 Additional Sessions Judge, 12th Patna in connection with Sessions Trial No. 1063 of 2008 arising out of Masaurhi P.S. case no. 122 of 2005 subject to the following conditions: (i) One of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the trial. In case of default in such appearance without sufficient/compelling reason therefor, the Trial Court shall cancel the bail bonds of the petitioner and secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )