IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9871 of 2008 SHYAM SUNDER SINGH, S/o. Biswanath Singh, Versus THE STATE OF BIHAR ----------- 10. 22.07.2010 Heard. The case is under Sections 364A and 120B of the I.P.C. Petitioner’s prayer for bail was earlier rejected four times vide orders dated 27.02.2004, 21.07.2004, 30.03.2005 & 02.03.2006 under respective Cr. Misc. Nos. 21070 of 2003, 14607 of 2004, 10135 of 2005 and 6032 of 2006 on the ground that as per F.I.R. the victim boy had gone away with one of his friends Sonu and thereafter, he did not return and became traceless and that subsequently a telephonic call for payment of ransom money was received by the informant and he was called at a place and when he went there Sonu the co-accused made confession that the victim was kidnapped under the instruction of the petitioner and that under confessional statement of co-accused Sonu, police raided the house of the petitioner and recovered the 2 clothes of the victim boy and it was alerted that victim has been kept in the petitioner’s house. Learned counsel for the petitioner submitted that the petitioner has been implicated on the confessional statement of co-accused Sonu and that only clothes of the victim is said to have recovered from petitioner’s house. Learned counsel also submitted that the petitioner is in custody since 01.02.2003 i.e. for a period exceeding seven years. Learned counsel further submitted that the petitioner remains incarcerated for such a long period and the case is still under trial and there is no progress in the trial. A supplementary affidavit has been filed on 19.07.2010, wherein the petitioner has stated that not a single witness has been examined before the trial- court. It is also stated in the affidavit that petitioner has not moved before the Hon’ble Supreme Court in this case. After filing of this application a report was called for from the trial-court. The trial-court had submitted its report dated 21.05.2009, wherein it was 3 reported that the trial was expected to conclude within nine months. The period of nine months has already elapsed since the said report dated 21.05.2009 of the trial-court. Learned Addl.P.P. tried to oppose the bail application but he expresses his helpless in explaining that why any witness has not been produced before the trial-court despite such a long incarceration o f the petitioner. Thus hearing and considering the long incarceration of the petitioner and there being no chance of conclusion of the trial in near future, the petitioner Shyam Sundar Singh 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 1st Addl. Sessions Judge, Muzaffarpur in Sessions Trial No. 442 of 2007 arising out of Kazipur P.S. Case No. 151 of 2002. Mkr. (C.M. Prasad, J.)