IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2753 of 2009 ASHOK SAH S/O MANIPAT SAH R/O VILLAGE- SATMALPUR, P.S.- WARISNAGAR, DISTRICT- SAMASTIPUR Versus STATE OF BIHAR ----------- 2 28/02/2009 Heard learned counsel for the petitioner and State. The petitioner is in custody in this case since 14.6.2008 which has been registered on the allegation of recovery of 42 kilograms of copper wire. Besides the petitioner another person is also named as accused. Submission is that the petitioner is a scrap dealer. He is not concerned with the theft. His prayer for bail was earlier rejected by the Sessions Judge, Samastipur on 29.8.2008 and he was granted liberty to renew prayer for bail after two months. When the petitioner renewed his prayer for bail then his prayer for bail was again rejected and he was advised to come after four moths. Further submission is that charge has been framed and 24.10.2008 was fixed for first date of evidence. Under section 437 (6) of the Cr.P.C. the petitioner is entitled to be released on bail because no witness was examined during that period. Considering the facts and circumstances of the case, the petitioner Ashok Sah is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Samastipur in connection with - 2 - Samstipur (Town ) P.S. Case No. 332 of 2008. avin (Shyam Kishore Sharma, J.)