IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16961 of 2009 PRAVESH YADAV Versus STATE OF BIHAR ----------- 4 07.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 302/34 of Indian Penal Code. Looking to the allegation, his prayer for bail was refused by this court on earlier three occasions. Petitioner is in custody since 31.8.2005. Considering the period of incarceration, this court earlier called for status report which has been sent to and received and the same is placed on the file. It appears from the report that on several occasions, the case was posted for judgment. The report indicates that on 6.2.2009 the case was finally posted for judgment which was deferred till 4.4.2009 when an application seems to have been filed on behalf of the informant seeking transfer of the case. Learned counsel submits that the informant is purposely delaying the disposal of the case and the result is that he continues to incarcerate in the jail custody. Having heard both sides, this court, while declining the prayer made on behalf of the petitioner, disposes of the present application in the following manner: The trial court shall take all steps to finally dispose of the case by delivering judgment within two months from the date 2 of receipt/communication of the order in the court below. It is expected that the parties will cooperate with the court. If the case is not finally disposed of within said period, the trial court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its own satisfaction subject to the following conditions. (i) One of the bailers will be own/close family member of the petitioner. Another bailer should be either government servant or local elected representative. (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on any date without any compelling reason therefor, the trial court shall cancel the bail bond of the petitioner and secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )