IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4781 of 2010 GANESH MANDAL, SON OF LATE BHAGWAN MANDAL, RESIDENT OF VILLAGE PARBATTI, P.S. KOTWALI, DISTRICT-BHAGALPUR………PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ---------- For the Petitioner : Mr. Uma Kant Prasad, Advocate. For the State : Mr. Ahtashan Ali Khan, A.P.P. --------- 2. 4.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 302, 201, 436 and 380/149 of the Indian Penal Code. The prayer for bail of the petitioner had earlier been rejected by a Bench of this Court vide order dated 1.10.2002 passed in Criminal Misc. No.33478 of 2001 (Annexure-‘1’). Learned counsel for the petitioner submitted that the petitioner was not named in the First Information Report, however, his name had surfaced during the course of investigation when certain witnesses had stated about the complicity of the petitioner as being member of the mob - 2 - who had committed the crime. It is further submitted that while rejecting the prayer of bail of the petitioner vide Annexure-‘1’, this Court had given direction to the trial court to take effective steps for expeditious disposal. However, the trial is yet to be concluded even after more than seven years. It is stated that petitioner is in jail for about last 10 years as he was taken in custody on 25.8.2000. It has been submitted on behalf of the State that during the course of investigation, it has come that the petitioner was seen as one of the members of the mob who had committed the riot and murder. It has also been urged that altogether 14 witnesses have already been examined in the trial, however, as would be evident from the order dated 6.11.2009 of the learned Sessions Judge rejecting the prayer of the petitioner , the matter arising out of a petition filed on behalf of the State under Section 311 of the Cr.P.C. had come before this Court in Criminal Misc. No.34354 of 2007 and further proceeding of the trial had been stayed vide order dated 28.9.2007. Having regard to the peculiar facts and the circumstances of the case and the period of incarceration of - 3 - about 10 years, this Court is inclined to grant bail to the petitioner. As such, the petitioner, Ganesh Mandal, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 7th Additional Sessions Judge, Bhagalpur, in connection with Kotwali P.S. Case No.808/89 bearing S.T. No.317/92/S.T. No.248/91, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, the petitioner shall remain present all along during the course of the trial. If he fails to remain present on two consecutive dates without any reasonable cause, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)