IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39443 of 2011 Dashrath Yadav @ Yogendra Yadav, Son of Late Lorik Yadav, resident of Village- Bathwariya, P.S. Bathwariya, District-West Champaran -------------------------------------------------Petitioner Versus The State Of Bihar ---------------------------------- 02 07-12-2011 Heard Sri Ravi Shankar Sahay, learned counsel, who was assisted by Sri Vijay Kumar Singh, learned counsel for the petitioner and Sri Kumar Priya Ranjan, learned A.P.P. This is the second attempt for grant of bail. Earlier the prayer for bail of the petitioner was rejected on 14.02.2011 vide Cr.Misc.No.32859 of 2010. Learned counsel for the petitioner submits that despite the fact that the petitioner is in custody since 08.02.2010, till date no positive progress has taken place in the trial. Learned counsel for the petitioner has produced certified copy of the ordersheet of Sessions Trial No.454 of 2010 from 16.11.2010 to 27.09.2011. Let it be kept on record. It was submitted that the ordersheet indicates that the prosecution is not at all taking any interest for early disposal of the case. Sri Kumar Priya Ranjan, learned A.P.P. has vehemently opposed the prayer for bail. It was submitted that it was a case of kidnapping, in which kidnapped person was killed and, as such, keeping in view the seriousness of accusation, the petitioner may not be extended the privilege of bail. Learned counsel for the petitioner submits that the petitioner was made accused on confessional statement of co-accused. 2 Be that as it may, once on merit the prayer for bail of the petitioner was already rejected and as such, there is no requirement for hearing the learned counsel on merit of the case. However, keeping in view the fact that the prosecution has not taken any step for disposal of the trial, the Court is of the opinion that the petitioner cannot be detained indefinitely without any trial. Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl.Sessions Judge, F.T.C. Vth , Bettiah , West Champaran in connection with S.Tr.No.454 of 2010 arising out of Jogapatti P.S. Case no.02 of 2001 on condition that one of the bailors must be his close relative and secondly during the trial the petitioner will remain physically present on each and every date , failing which his bail bond shall stand automatically cancelled . However, in case of special exigency, with prior permission of the trial court the petitioner may remain absent on a particular date. NKS/- ( Rakesh Kumar, J.)