IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43100 of 2010 MAHENDRA YADAV, son of late Khirhun Yadav, resident of village Firozi, P.S. Kako, District Jehanabad Versus THE STATE OF BIHAR ----------- 2. 23.2.2011 Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner and the counsel for the State. The prayer for bail of the petitioner was earlier rejected by an order dated 2.4.2010 in Cr.Misc.No. 44384/2009. Mr. Singh points out that subsequent to rejection of prayer for bail of the petitioner the rest of the four co- accused, namely, Nawal Yadav, Sushil Yadav, Dawarika Yadav and Ghutar Yadav have been released on bail by different orders and therefore, the petitioner may also be enlarged on bail as his case stands on same footing. In this regard he has also submitted that Ghutar Yadav in fact had almost the same criminal antecedent as that of the petitioner. That being so, when the petitioner is in custody since 11.4.2009 i.e. almost for a period of two years and the end of the trial of the petitioner is nowhere in sight, 2 this Court would direct the petitioner Mahendra Yadav to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. ten thousand) with two sureties of the like amount each to the satisfaction of Sri B.M. Singh, Judicial Magistrate, 1st Class, Jehanabad in Kako P.S.Case No. 18/2009, subject to the following conditions: (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. (Mihir Kumar Jha,J.) Surendra/ 3