IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.369 of 2008 RAJU SINGH @ RAJU KUMAR Versus STATE OF BIHAR ----------- 5. 04.03.2009 The petitioner is being tried for the offence under Section 302 of the Indian Penal Code and 27 of the Arms Act. The allegation is that the petitioner and one Ajay Singh had fired on the deceased and thereby caused his death. The bail prayer of this appellant was earlier rejected by this Court thrice vide order dated 28.1.2005, 17.2.2006 and 23.11.2006 under respective Cr. Misc. Nos. 2526 of 2005, 4201 of 2006 and 47473 of 2006. The learned counsel for the petitioner submits that petitioner is in custody since 24.3.2003 and thus he is going to complete six years’ incarceration within a month. Vide this court’s order dated 14.8.2008 a report was called for from the trial court about the stage of trial and the probable time within which the trial is expected to conclude. The report has been received under letter no.347 dated 15.9.2008 of the trial court i.e. Additional Sessions Judge cum Fast Track Court No.2, Patna wherein it is stated that prosecution has not examine even a single witness and it is also stated that the trial is likely to conclude within nine months. The leaned counsel submits that prosecution is not diligent in the case and the case is lingering and the petitioner is rotting in jail for six years. In the facts and circumstances of the case, I do not feel - 2 - inclined to allow bail to the petitioner for the present. Hence, prayer is refused. However, if so advised, the petitioner may renew his prayer for bail after expiry of nine months from the date of report i.e. 15.9.2008 if the trial is not concluded within the period. (C.M. Prasad, J.) Ravi