IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51882 of 2008 1. KUSH KUMAR 2. ANIL KUMAR Versus STATE OF BIHAR ----------- 3 04.02.2009 Heard. The two petitioners who are accused in a case instituted under sections 302/34 of Indian Penal Code and section 27 of the Arms Act have renewed their prayer for grant of bail. Records reveal that earlier their prayer for bail was made before this Court was considered and disposed of under order dated 2.5.2008. The said order is at Annexure-1. Considering the fact that there was no direct allegation of firing against the petitioners and also the fact that they had remained in jail custody since 25.7.2007 and 8.8.2007 respectively, this Court had observed that if the trial is not taken up within six months from the date of receipt of the order, the petitioners shall have liberty to renew his prayer . Counsel for the petitioner submits that the order sheet of the Trial Court indicates that till today charges have not been framed in the present case. Having regard to the fact that the petitioners have remained in custody for over one year and few months by now and they are not the direct assailant of the deceased, this Court is now persuaded to enlarge the petitioners on bail. - 2 - Let the petitioners abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Fast Track Court No. III, Patna in Sessions Trial No. 1498/2008 subject to the following conditions: (i) In each case, one of the bailers shall be own/close family members. (ii) The petitioners shall appear in person in the Court below on the dates fixed at the trial. In case of default for no compelling/sufficient reasons therefor, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with the procedures laid down in law. pkj ( Kishore K. Mandal, J )