IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14324 of 2008 RAM SEVAK MANDAL, S/o. late Matto Mandal, r/o. village- Dighi, P.S. Nathnagar, District-Bhagalpur. Versus THE STATE OF BIHAR ----------- 02 13.05.2009 Heard. This is the third attempt for bail of the appellant. His prayer for bail having been earlier rejected twice by this Court vide orders dated 28.08.2003 and 05.05.2004 in respective Cr. Misc. Nos.17863 of 2003 and 9365 of 2004 on the ground as particularly detailed in this Court’s order dated 28.08.2003 that as per F.I.R. the petitioner is said to have killed the deceased by assaulting the deceased on his neck by means of axe. Learned counsel for the petitioner submits that the petitioner is in custody since 15.04.2002 i.e., for a period exceeding seven years but his trial has not been concluded. After filing of this instant bail application, vide this Court’s order dated 16.10.2008 a report was called for from the trial court about the stage of the trial and the probable time within which the trial was expected to conclude. The trial-court’s report dated 8th November, 2 2008 has been received and it is kept at Flag-A. The trial- court has stated in its report that out of 11 witnesses 7 were examined and three unofficial witnesses and one I.O. was to be examined. The trial-court also stated that the trial would be concluded in six months but six months time has already elapsed since the date of report of the learned trial-court. The petitioner has filed supplementary affidavit with the latest order-sheet of the trial-court. It is stated in the supplementary affidavit that the I.O. and three un- official witnesses are yet to be examined and the trial is still continuing. Learned counsel submits that the petitioner is in custody for a period exceeding seven years and the trial is protracted and many important witnesses are yet to be examined. Learned counsel continues to submit that there is no likelihood of the conclusion of the trial in near future. Mr. S.R. Haque, learned Addl. P.P. submits that the prosecution is taking every steps for the production of the witnesses. Thus hearing and considering the period of 3 incarceration of the petitioner and that the trial is a protracted one and there is no likelihood of its conclusion in near future, petitioner Ram Sevak Mandal 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 the Addl. Sessions Judge, F.T.C. No. IV, Bhagalpur in connection with S.T. No.1062 of 2004 corresponding to Nathnagar P.S. Case No.229 of 2001. Mkr. (C.M. Prasad, J.)