IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6433 of 2008 BABAN CHOUDHARY Versus STATE OF BIHAR ----------- 2. 29.09.2008 The learned counsel for the petitioner seeks permission to make some correction in para-2 of the application. He is permitted to do so. The correction was made in course of the day. The case is under Sections 364, 302, 201/34 and 27 of the Arms Act. Heard. This is the fourth attempt of the petitioner in his prayer for bail, his prayer for bail having been refused earlier three times by this Court vide orders dated 5.8.2003 under Cr. Misc. No. 5079 of 2003, 19.7.2005 under Cr. Misc. No. 22205 of 2005 and 18.7.2006 under Cr. Misc. No. 11859 of 2006 on the grounds particularly detailed under order dated 5.8.2006 that the petitioner along with three others being variously armed had kidnapped the victim and killed him and that subsequently the dead body was found in maize field. The learned counsel for the petitioner submits that the petitioner is in custody since 2.5.2002 i.e. for a period exceeding six years and four months. The learned counsel also submits that the case is still under trial and some material witnesses are still to be examined. The learned counsel continues to submit that co-accused Anil Singh who was in custody since 7.2.2005 has already been allowed bail by a Bench of this Court vide order dated 1.10.2007 passed in Cr. Misc. No. 11541 of 2007 (Annexure-5). The learned counsel says that the - 2 - petitioner is in custody for a period exceeding six years but the trial is still continuing and there is no likelihood of its conclusion in near future. Mr. S. R. Haque, the learned A.P.P. does not point out any other material against the petitioner. In the facts and circumstances of the case, the petitioner Baban Choudhary 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 learned Fast Track Court No.II, Siwan, in Session Trial No. 383 of 2003, arising out of Nautan P.S. Case No. 44 of 2000. (C.M. Prasad, J.) Ravi/-