IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28741 of 2009 AYODHYA RAI @ JODHI YADAV, Son of Late Rajdeo Rai, resident of Village-Chessi, P.S. Naubatpur, District-Patna -------------- Petitioner Versus STATE OF BIHAR ----------- 6 02-12-2009 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record. Heard both sides. Petitioner has renewed his prayer for bail second time seeking bail in a case instituted under Sections 365,366/34 and 376 of the Penal Code. Earlier his prayer for bail was considered and rejected by this Court under order dated 10.6.2008(Annexure-1). The concluding paragraph of the said order reads as under: “Having considered the allegation and the material on record I am not inclined to grant bail to the petitioner. The prayer for bail is rejected. However, if the trial is not concluded within one year from the date of receipt of a copy of this order the petitioner may renew his prayer for bail.” This Court under order dated 9.9.2009 called for - 2 - status report from the trial court, which has been sent to and received in this Court and is placed at Flag-A. From perusal of the said report, it appears that the charges against the petitioner have recently been framed in the month of October,2009 and the case is now posted for evidence. Learned counsel submits that the petitioner is in custody since 23.5.2007. Having heard both parties and after perusing the materials on record, this Court while declining the prayer for bail of the petitioner disposes of the present application in the following manner: Let the trial court endeavour to examine all the prosecution witnesses on or before 31st March,2010, failing which the trial court shall release the petitioner, above named, on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to his own satisfaction in connection with S.Tr. No.1233 of 2008 arising out of Patliputra P.S. Case No.97 of 2007 In the event the petitioner is granted bail in terms of the present order, the same shall be subject to the following conditions: - 3 - (a)One of the bailors shall be the close relative. (b)The petitioner shall appear at the trial on the date fixed therein, in case of default on two consecutive dates, the trial court shall cancel the bail bond of the petitioner and secure his arrest in accordance with law. NKS/- ( Kishore K.Mandal,J)