IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4370 of 2009 RAJESHWAR RAI, SON OF LATE NANDA RAI @ LATE NAND LAL RAI, RESIDENT OF VILLAGE EBRAHIMPUR, P.S. DARIAPUR, DISTRICT CHAPRA (SARAN)………..PETITIONER Versus THE STATE OF BIHAR ……………………….. OPPOSITE PARTY ----------- 4 08.04.2009 Heard learned counsel for the petitioner. No one appears for the State. The petitioner had moved this Court for bail in Cr. Misc. No.27024 of 2007. The said bail application was rejected by order dated 25.6.2007 as the petitioner was found to be order giver in respect of the deceased and himself having fired upon the son of the informant. However, the petitioner was granted liberty to renew his prayer for bail if the trial did not commence within six months. Thereafter the petitioner again moved this Court for bail in Cr. Misc. No.10910 of 2008. A report was called for in the case. Through the report, the trial court informed this Court that trial had commenced but the prosecution has filed an application under Section 319 of the Cr.P.C. for summoning more accused persons and the said petition was pending for hearing. The trial court expressed that the case was likely to be concluded within nine months. The case has not yet been concluded. So, the - 2 - petitioner has again moved this Court for bail through this application. In this application also, a report was called for and in compliance to the same, report has been submitted by the trial court through letter no.60 dated 4.3.2009 informing this Court that seven witnesses have been examined. As the said report did not mention as to how many more witnesses are required to be examined, another report was called for from the court below. In the second report dated 25.3.2009, the trial court has informed this Court that altogether 19 witnesses are named in the charge sheet out of which only seven witnesses have been examined. Learned counsel for the petitioner submits that the occurrence took place in sequel to the land dispute between the parties and it does not appear from the first information report that the petitioner ordered the co-accused for firing upon the deceased. The only allegation appearing in the first information report is that he himself fired upon the son of the informant causing fire-arm injury. He further submits that the petitioner - 3 - has no criminal antecedent and he is in custody since 21.1.2006. Considering the fact that the trial is not likely to be concluded and 12 witnesses are yet to be examined by the prosecution and in view of the submissions of the lrned counsel for the petitioner, the application is allowed. Petitioner (Rajeshwar Rai) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand ) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, IV (F.T.C.), Saran at Chapra in S. Tr. No.105 of 2007 arising out of Dariyapur P.S. Case No.33/2005. B.T. (J. N.Singh, J.)