IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47641 of 2008 KAILU YADAV @ LAKHCHAND YADAV …..Petitioner Versus STATE OF BIHAR ….Opposite party ----------- 3. 22.01.2009. Heard both sides. Petitioner is an accused under Section 302 besides some other section of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the prayer for bail of this petitioner has earlier been rejected twice by this Court. However, in the meantime one of the co-accused namely Mahabir Yadav having almost similar accusation has already been granted bail by another Bench of this Court vide Cr. Misc. No. 48039 of 2006. This petitioner has remained in jail custody for five years. During that period inspite of the direction to the court below not a single witness has been examined as yet. Having regard to the facts and circumstances, petitioner, namely, Kailu Yadav @ Lakhchand Yadav is directed to be released on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C. IV, Supaul in connection with S. T. No. 124 of 2005 arising out of Tribeniganj P. S. case No. 136 of 2004. kanchan (Ghanshyam Prasad, J.)