IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40819 of 2008 JIWACHH YADAV @ JIBACH YADAV Versus STATE OF BIHAR WITH Cr.Misc. No.39522 of 2008 BINOD KUMAR YADAV @ BINOD YADAV Versus STATE OF BIHAR For the petitioner : Mr. Birendra Prasad Verma, Sr. Advocate Mr. Ram Naresh Roy, Advocate, Advocate. For the State : Mr. Upendra Kumar, APP ----------- 2 17.12.2008 Both these applications arise out of the same P.S. case bearing Nirmali P.S. case no. 23/2007 lodged under sections 392 Indian Penal Code in which section 395 was also added and as such they are being disposed of by this common order. In the first case, one petitioner has renewed his prayer for bail. It has been submitted that earlier the petitioner had moved this Court for grant of bail in Cr. Misc. No. 46554/2007 which was heard and disposed of. The prayer for bail was refused but a liberty was granted to renew his prayer for bail after six month if the trial in the mean while is not taken up. In the second case filed on behalf of petitioner Binod Kumar Yadav, it has been submitted that this petitioner too had moved this Court earlier for grant of bail in Cr. Misc. No. 47554/2007 which was heard and disposed of under order dated 20.2.2008. The same liberty was granted to the petitioner of the said case. - 2 - Both the counsels submit that the trial of the case has although been taken up but not concluded till date. It has further been submitted that the petitioner in both the cases are languishing in jail since June, 2007. This Court, on perusal of the statements made in the petitions, finds that the trial is underway and few witnesses have also been examined. Considering the entire facts and circumstances of the case and also keeping in view the observations/liberty granted to the petitioners by this Court on earlier occasions, for the present, I am not inclined to admit the petitioners to bail. However, this Court is of the view that a further chance may be given to the Trial Court to conclude the trial of the case which is pending. Having regard to all these facts and circumstances, this Court directs that let the trial pending against the petitioners be concluded on or before 31.3.2009 failing which the abovenamed petitioners shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to his own satisfaction. In the event, the bail is/are granted to the petitioners in terms of the order of this Court, the same shall further be subject to the following conditions. (i) one of the bailers should be the own/close family members of the petitioner. - 3 - (ii) The petitioner shall appear in person on each and every date fixed in the Court below where the trial of the case is pending. In case of default without compelling reasons therefor, the trial court shall have liberty to cancel the bail bond and secure his/their arrest. pkj ( Kishore K. Mandal, J )