IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50272 of 2008 MANOJ YADAV, son of Deochandra Yadav, resident of village-Bakua, P.S.-Bheja, District-Madhubani. Versus STATE OF BIHAR ----------- 6. 13.01.2011 This is the fifth attempt for bail of the appellant, his prayer had earlier been refused four times under Cr. Misc. Nos. 13974 of 2003, 2177 of 2005, 37104 of 2005 and 20375 of 2006 on the allegation that the petitioner along with another accused Saroj Yadav had tied Gamchha around the neck of the two deceased and thereby throttled them to death. Learned counsel for the petitioner submits that the petitioner is in custody since 2.9.2002 and thus he remains incarcerated for the last eight years and four months. After filing of the instant bail application, a report was called for from the trial court about the stage of the trial and the probable time within which the trial was expected to conclude. Vide this court’s orders dated 29.6.2010 it appears that the trial court had sent his report under his letter No.46 of 2010 dt. 30.4.2010 wherein it was expressed that the trial was likely to conclude within six months. In view of the report the case was adjourned till last week of November and thereafter, it has been listed for hearing before this court. Today a supplementary affidavit has been filed on behalf of the petitioner with averment that the trial is still continuing. It has been also said in the affidavit that out of 37 charges sheeted witnesses only 18 have been examined so far. 2 Learned counsel for the petitioner submits that many material witnesses have been examined and their examination is due. Further submission is that the petitioner remains incarcerated for a period exceeding eight years but trial has not concluded nor there is any likelihood of its conclusion in near future. Thus hearing and considering the period of custody and that the trial is in still pending and there is no likelihood of its conclusion in near future, the petitioner, Manoj Yadav is admitted to bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-V, Madhubani, in Sessions Trial No. 198 of 2004 (arising out of Madhepura (Bheja) P.S. Case No. 233 of 2000. Ravi/- ( C. M. Prasad, J.)