IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2271 of 2009 Tarni Mandal, S/o Late Gena Mandal, resident of village Ekchari P.S. Ekchari (Pirpainty) District-Bhagalpur. …….Petitioner. Versus The State of Bihar ……. Opposite party. ----------- 02 23.01.2009 Petitioner is in custody since 03.03.2007 in relation to Ekchari (Pirpainty) P.S. Case No. 182 of 1998 instituted under Section 302 of the Indian Penal Code read with 27 Arms Act in killing of five persons of a family. Petitioner has been absconding and after 9 years had surrendered and prayed for bail, which was rejected by this Court on 21.05.2008 in Cr. Misc. No. 52589 of 2007 with an observation that as the petitioner was in custody and his trial has been separated the trial should be concluded within a period of six months, failing which he would be at liberty to move before the trial Court for his bail, which was disposed of the same without being renewed his prayer for bail before the 7th Additional Sessions Judge, Bhagalpur in S.T. No. 902 of 2007 (Tr. No. 462 of 2007, which has come to be rejected by a mechanical order without application of mind being order dated 25.11.2008. When this Court directed reconsideration of bail after six months after the trial was not concluded it was for the learned trial Judge to apply his judicial mind to the facts in stead of merely noting that the Court was on vacation and no prosecution witnesses examined and then mechanically reject the bail. The conduct of the learned Additional Sessions Judge dealing in the bail matter is regrettable. If such order noticed again before this Court disciplinary action may be initiated. 2 In view of the facts aforesaid, let the petitioner Tarni Mandal be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of 7th Additional Sessions Judge, Bhagalpur in connection with Ekchari (Pirpainty) P.S. Case No. 182 of 1998. Trivedi/ ( Navaniti Prasad Singh, J.)