IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44029 of 2009 1. RAM NARESH YADAV 2. RAM PRAVESH YADAV, BOTH SONS OF LATE BHARAT YADAV RESIDENT OF VILLAGE WAR TOLA BAHERI KHAP (YADAV NAGARI) P.S. MADANPUR DISTRICT AURANGABAD. Versus STATE OF BIHAR ----------- 3 07/07/2010 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the informant. Petitioners had surrendered in the court below on 11.12.2008 and 18.12.2008 respectively when they learnt about their implication in Madanpur P.S. Case no. 179/08 for the offences under sections 307, 323, 379, 147, 148 and 149 of the Indian Penal Code read with section 27 of the Arms Act. Submission of learned Senior Counsel for the petitioners is that the trial is proceeding at a snail pace. The petitioners have remained in custody for almost one and a half year now and the present case is more a case fall out of war of attrition going on between the parties and the present petitioners. Two witnesses have been examined so far and there is lack of co-operation by the informant in expediting - 2 - the trial for obvious reasons. If they are enlarged on bail they shall ensure their participation in trial and shall not commit any other crime or breach of law. Learned counsel for the informant submits that the trial has begun. Two witnesses have been examined and it is also his case that these petitioners have history of crime. Keeping in view the period of custody and the pace of trial, let both the petitioners, namely, Ram Naresh Yadav and Ram Pravesh Yadav be enlarged on bail on furnishing bail bond of Rs.25000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Madanpur P.S. Case No. 179/2008 on the following conditions: One surety to be executed by immediate blood relation on due identification and other by an elected representative of the area who may be willing to take responsibility of the petitioners. Both the sureties will be duly and properly verified by the court below. Petitioners are further directed to appear before the trial court on each and every date either through themselves or through their Counsel. If there is a breach and if there is non-participation - 3 - on the part of these petitioners with the object of delaying the trial, then the trial court has total freedom to take away the privilege of bail granted to these petitioners. It is further recorded that the petitioners will desist from committing any further crime while they are on bail. AMIN (Ajay Kumar Tripathi, J.)