IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46500 of 2009 UPENDRA SINGH @ GOPI SINGH, son of Sri Gaya Singh Versus STATE OF BIHAR ----------- 4/ 10.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 304-B, 201/34 of the Indian Penal Code. The petitioner is in custody since 13.6.2008 and till date out of ten prosecution witnesses only five have been examined but all have turned hostile. The last witness was examined on 10.8.2009. In view of the period of custody and the fact that the attitude of the prosecution is lackadaisical, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum- Fast Track Court No. V, Muzaffarpur, in connection with Sessions Trial No.879 of 2008 arising out of Paroo P.S. case no.58 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, and (ii) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)