IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36232 of 2010 1. MAHESH YADAV son of late Niru Yadav 2. Satendar Yadav @ Satendra Yadav son of Mahesh yadav. Both resident of village-Agrauli, P.S.-Chandauti, District Gaya .....Petitioners Versus STATE OF BIHAR O.P ----------- 4 12.01.2011 Heard the parties. The prayer for bail made on behalf of the petitioners, who are father and son respectively, was rejected earlier by order dated 17.3.2010 passed in Cr. Misc. No. 3041 of 2010 with respect to a criminal prosecution registered under section 302/34 of the Indian penal Code with an observation that the petitioners shall be at liberty to renew their prayer for bail after six months from that date , if the trial of the petitioners do not conclude. When the present matter was taken up earlier on 6.10.2010, a report was called for from the learned trial court, which has been received and is kept at flag ‘X’. Learned counsel for the petitioners submits that though, trial of the petitioners has been taken up, but as per report itself ,there is no chance of trial being concluded in near future and the petitioners have remained in judicial custody for more than one year. It is further highlighted that in the meantime one of the co-accused Birendra Yadav has been granted bail by a Bench of this Court by order dated 26.7.2010. Taking into consideration the aforesaid facts and circumstances, the prayer for bail made on behalf of the petitioners is allowed. The above named petitioners are directed to be released on 2 bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Additional Sessions Judge –IV,Gaya in connection with S.Tr. No. 35/10/440/10 arising out of Chandauti P.S. Case No. 206 of 2009, subject to the conditions: (a) That both the bailors of the petitioners shall be family members, who shall file an affidavit showing their relationship with the petitioners. (b) If the petitioners are found involved in same and similar nature of cases in future,then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners , and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates ,petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. M.Rahman ( Birendra Prasad Verma, J )