IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28641 of 2010 SURENDRA MAHTO @ SADHU @ SADHWA Versus STATE OF BIHAR ----------- 2. 11.08.2010. Heard learned counsel for the parties. Petitioner is in custody since 1.3.2004 in a case lodged for offence under sections 302/34 I.P.C. as witness Poonam Devi has claimed to have seen him committing murder of Rajesh Kumar along with Baiju which statement has also been supported by other witness Ashok Yadav whose statement has been recorded in para 31 of the case diary. The petitioner submits that he is in custody for more than six years and no witness has been examined in trial though charge has already been framed on 1.7.2008. In view of custody of petitioner let him as above be released on bail on furnishing bail bond of Rs.5000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge -XII, Patna in Sessions Trial No. 826 of 2008, Gardanibagh Police Station Case No. 31 of 2004, GR.No. 215 of 2004. Petitioner would not be absent physically for more than two consecutive dates at a stretch till two witnesses are examined in trial, failing which his bail bond would be cancelled and he would be taken into custody. Let the court in seisin of the case expedite the trial. Shashi. ( Samarendra Pratap Singh, J.)