IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17274 of 2009 LUTAWAN YADAV son of late Ram Nath Yadav, resident of village- Bawarai, P.S.-Chainpur, Dist.-Kaimur (Bhabua) Versus STATE OF BIHAR ----------- 3. 12.8.2009. Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered for offences under Section 302 and some other Sections of the Indian Penal Code. Called for report has been received. From the report it appears that out of sixteen prosecution witnesses only nine have been examined. Submission is that co-accused Sanjay Yadav whose prayer for bail was also rejected along with the petitioner by the impugned order has been granted bail by a Bench of this court Vide Cr.Misc.No. 8817 of 2007 on 19.3.2007. The said co-accused was also in jail custody since 28.6.2005. The petitioner is in jail custody since 22.6.2005 and the trial is not likely to be concluded in near future. Considering the facts and circumstances of the case and also the fact that the petitioner is in custody since 22.6.2005, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-F.T.C.-I, Kaimur at Bhabhua in connection with S.T. No.103 of 2005/247 of 2005 arising out of Chainpur P.S. Case No.59 of 2005. Md.S. (Shyam Kishore Sharma,J.) - 2 -