IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28667 of 2011 Ranjan Yadav @ Marsalia son of Devani Singh @ Devani Yadav Vill- Mohammadpur,P.S-Fatua, District Patna… … Petitioner Versus The State Of Bihar… … Opposite Party For the Petitioner: M/s Sandeep Kumar and R.B.Dubey, Advocates For the State: Mr. Yogendra Kumar, APP ---------------------------------- 3 09.11.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case registered for offences punishable under Section 302/34 Indian Penal Code. Petitioner’s prayer for grant of bail has earlier been rejected on 23.03.2010, however, a liberty was granted to him for renewal of the prayer of bail if the trial is not concluded within one year from the date of passing of that order. Perused the report kept at Flag “A”. Learned counsel for the petitioner submits that the petitioner is not named in the first information report, however, on the basis of the statement of the informant recorded under section 164 of the Code of Criminal Procedure after six months from the date of occurrence, he along with co-accused Bhola Yadav and Dwarika Yadav 2 had been made accused. The bail application of co-accused Bhola Yadav had earlier been rejected, however, later on the bail application of co-accused Dwarika Yadav, who, according to the petitioner, is also on similar footing, has been allowed and he has been granted bail by this Court vide order dated 12.07.2011 passed in Cr. Misc. No. 14201 of 2011 as contained in Annexure 4. Learned counsel further submits that the last witness was examined in the month of April 2011 and thereafter none of the witnesses, who are the official witnesses being the doctor and the Investigating Officer, could be examined till date. The petitioner has remained in custody since 24.03.2009. Having considered the facts and the circumstances of the case, I direct the petitioner Ranjan Yadav @ Marsalia, to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Patna City in connection with S.T. No. 1463/09 arising out of Fatuha P.S. Case No. 98/07 with a further condition that one of the bailors must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete 3 genealogy to show his or her relationship with the petitioner. Further, the petitioner should be well represented on each and every date during the course of trial. Failing on two consecutive dates without any reasonable explanation, the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. SC ( Dr. Ravi Ranjan, J.)