IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30834 of 2011 Tuntun Yadav, S/O-Ram Jatan Master Yadav Versus The State Of Bihar ----------- 03 18.11.2011 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of his application within course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 18.07.2010 in a case registered under Section 302 and other minor Sections of the Indian Penal Code. There is allegation against the petitioner that he as well as co-accused Yadav @ Dharmendra gave iron rod blow on the head of the deceased and subsequently, other first information report named accused persons mercilessly assaulted the deceased with lathi. Learned counsel for the petitioner points out that up-till- now charge has not been framed against the petitioner and even if, the allegation levelled against the petitioner assumed to be true, then also, petitioner had given only single blow whereas five injuries were found on the head of the deceased. It appears from the report of learned Additional Sessions Judge-II, Patna that there is no possibility of conclusion of trial of the petitioner in near future because 16 proposed witnesses have been shown in charge-sheet but up-till-now not a single witness has been examined. 2 Although, earlier the prayer for bail of the petitioner was rejected by this Court on merit vide order dated 02.05.2011 passed in Cr. Misc. No. 12683 of 2011 but considering the aforesaid circumstance as well as submissions of the parties, let the petitioner 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 Additional Sessions Judge-II, Patna in connection with Sessions Trial No. 883 of 2011 arising out of Dhanarua P.S. Case No. 256 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)