IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14372 of 2008 MD.SHAHABUDDIN Versus STATE OF BIHAR ----------- 2/ 6-Aug-08 Heard learned counsel for the petitioner and learned counsel for the state in respect of petitioner’s prayer for bail in a case under the Arms Act and Explosive Substance Act. Earlier petitioner’s prayer for bail was rejected by this Court on 17.4.2006 (Annexure-1) although this Court noticed that he had been allowed bail in another case under Section 302 which allegedly occurred on the same date. It was noticed that in the other case he was allowed bail under the provisions of Section 167(2) of the Cr.P.C. Subsequently, the petitioner’s prayer for bail in this case was again rejected on 7.2.2007 with a direction to conclude the trial at an early date 2 preferably within six months. The materials on record show that on the prayer of the prosecution the trial of the case under Section 302 and this case was amalgamated by the trial court on 7.8.2007. The impugned order of the trial court dated 27.2.2008 shows that thereafter an important witness, the then Superintendent of Police was produced by the prosecution and examined-in-chief only in part and thereafter the case has made no progress allegedly because the defence has been filing different petitions. Learned counsel for the petitioner has referred to Paragraph-15 of the bail application to submit that only two petitions were filed on behalf of the petitioner, one was rejected on 23.8.2007. the day on which it was filed and the other was for his bail on 10.1.2008. 3 It appears that petitioner alone cannot be blamed for delay in the trial of this case which has not concluded within the time indicated by this Court. The trial court is expected to exercise a better control over its proceeding and conclude the examination of important witnesses without any delay. Frivolous petitions cannot or should not impede the progress of the trial. However, considering that this is a case only under the Arms Act and Explosive Substance Act and the petitioner is on bail in a case under Section 302 IPC and the trial has not made any satisfactory progress while the petitioner is in custody in connection with the present case since 7.11.2005, his prayer for bail is allowed. Let petitioner, Md.Shahabuddin be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of 4 the like amount each to the satisfaction of A.D.J-1 cum P.O. Special Court at Siwan Jail in connection with S.Tr.No.287/07 (Hussainganj P.S. Case No.33/01). perwez (Shiva Kirti Singh, J.)