IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33250 of 2010 DASHRATH YADAV @ LOHA YADAV, S/O KESHO YADAV, RESIDENT OF VILLAGE KIRNI, P.S. NAVANAGAR, DISTRICT BUXAR. Versus THE STATE OF BIHAR ----------- 3. 11.2.2011. Heard Shri B.J. Ojha, learned counsel for the petitioner and shri R.N. Jha, learned Additional Public Prosecutor. The petitioner, who is in custody in Koran Sarai P.S. case No.40 of 2008 for the offence under Section 395 of the Indian Penal Code since 11.9.2008, has prayed for grant of bail on the strength that almost on similar allegation, one co-accused Binod Dhobhi was granted bail by this Court on 22.6.2010 vide Cr. Misc. No.4702 of 2010. In this case, by order dated 4.10.2010, while calling for case diary, report regarding stage of trial was also called for, which has been received and is kept at flag ‘X’. On perusal of the report, it is evident that in this case, altogether, eight prosecution witnesses have already been examined and only few witnesses are to be examined by the prosecution and steps are being taken to conclude the trial within six months. Since trial is going on 2 and number of witnesses have already been examined, no benefit can be granted to the petitioner on the strength that other co- accused was granted bail. He was granted bail on 22.6.2010. In view of the report regarding the stage of the trial, I am not inclined to extend the privilege of bail. Accordingly, the petition stands rejected. N.H./ ( Rakesh Kumar,J.)