IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41804 of 2010 BADRI YADAV Versus STATE OF BIHAR ----------- 03 05.01.2011 Heard both sides. Petitioner has renewed his prayer for bail in a case instituted under Sections 302 and 120B/34 of the Penal Code in view of the liberty granted to him by order dated 12.05.2010 passed on his earlier bail application being Cr. Misc. no. 5643 of 2010 (Badri Yadav vs. The State of Bihar). Order dated 12.05.2010 shall eloquently indicate the reasons for refusal and the observation. A status report was called for in this case by order dated 24.11.2010, which is placed on Flag-A. From perusal whereof, it appears that till date the matter is pending for framing of charge(s). A supplementary affidavit has been filed on behalf of the petitioner inclosing therewith the order sheet of Sessions Trial no. 282 of 2010, in order to demonstrate that till the last date fixed in the case/trial charges have not been framed. Learned counsel for the petitioner referring to the orders placed at Annexure-4 series, submits that accused persons against whom charge sheet was submitted have since been privileged with bail. It is highlighted that so far the present petitioner is concerned, the police upon conclusion of investigation did not send him up as there was no sufficient materials against him. It is the submission of the petitioner that 2 the investigation remain pending for close to 05 years and ultimately in the year 2007 final report/charge sheet was submitted in which the petitioner was not sent up for trial. It is next contended that he continues to incarcerate since 16.03.2009. In the facts and circumstances of the case, this Court is persuaded to extend the privilege of bail to the petitioner. Let petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Bhojpur at Ara in connection with Sessions Trial no. 282 of 2010, arising out of Ara ( Mofussil) P.S. case no. 153 of 2003 , subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner. (ii) Petitioner shall continue to appear in person on each date(s) fixed at the trial till charges are framed. In case of default in such appearance till framing of charge, the trial Court shall cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)