IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45194 of 2007 BALESHWAR PASWAN, Son of late Bachan Das, Resident of village-Latipur, P.S. Nagarnausa (chandi), District-Nalanda. Versus STATE OF BIHAR ----------- 8. 06.052009 The case is under section 302 of the Indian Penal Code and 27 of the Arms Act. The bail prayer of this appellant was earlier rejected four times by this Court vide orders dated 23.10.2003, 11.8.2004, 12.9.2005 and 17.11.2006 on the grounds that there was specific attribution that the petitioner and co-accused Nageena Paswan had shot at the deceased and firearms injuries were found on the chest and hand of the deceased. The learned counsel for the petitioner submits that the petitioner is in custody since 8.5.2002 i.e. the period exceeding seven years but the trial has not concluded. It is also submitted that even after such a protracted trial only three witnesses out of ten have been examined by the trial court. In this case, a report was called for from the trial court about the stage of the trial and the probable time within which the trial is expected to conclude. The report dated 20.10.2008 of the trial court has been received earlier at flag ‘B’ wherein it is stated that the informant doctor and I.O. including some other officials witnesses had to be examined and the trial would conclude within six months. Today a supplementary affidavit along with copies of recent order sheets have been filed by the - 2 - petitioner which indicate that trial is still continuing. The learned counsel for the petitioner submits that its report dated 20.10.2008 at flag ‘B’ the trial court had reported that the trial would conclude within six months. Further submission is that six months have already elapsed but the trial has made no progress and no witness has been examined by the trial court. Mr. S. R. Haque, the learned A.P.P. does not point out any other material against the petitioner. Thus, considering the situation that the petitioner is in custody for a period exceeding seven years and the trial is still lingering, the petitioner, Baleshwar Paswan 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 Additional Sessions Judge, Hilsa, Nalanda, in Sessions Trial No. 777 of 2002, arising out of Chandi P.S. Case No.335 of 2001. (C.M. Prasad, J.) Ravi/-