IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4401 of 2011 Rakesh Kumar, Son of Late Ram Uchit Sao, resident of Village- Bahrampur, Police Station- Dhanarua, District-Patna -- Petitioner Versus THE STATE OF BIHAR ----------- 03 27-04-2011 Heard Sri Pramod Kumar, learned counsel for the petitioner, Sri Tripit Kumar, learned counsel, who appears on behalf of the informant and Sri Ram Chandra Sahni, learned Addl. Public Prosecutor. This is the second attempt for grant of bail in Sessions Trial No.201 of 2009 arising out of Ram Krishna Nagar P.S.Case No.51 of 2008 registered for offence under Sections 302, 379/34 of the Indian Penal Code, Section 37 of the Arms Act and Sections 3 and 4 of the Explosive Substance Act. The prayer for bail of the petitioner was earlier rejected on 7.10.2010 vide Cr.Misc.No.23363 of 2010 primarily on two grounds; firstly the petitioner was named in the F.I.R. and secondly the trial was at the fag end. In this case, by order dated 16.3.2011, a report was called for from the court below regarding stage of the trial, which has been received and kept at Flag-A. Perusal of the report indicates that the trial was going on. In the meanwhile one of the accused absconded and, as such, the delay has occurred in concluding the trial. Finally, the case of absconder co-accused has been split up on 10.1.2011 and now the case is pending for evidence of Sergeant Major and three other independent witnesses. 2 In view of the facts and circumstances, the Court is of the opinion that the trial court is taking each and every step for early disposal of the case. Learned counsel for the petitioner has submitted that the petitioner’s mother is seriously ill and at least for treatment of his mother, the petitioner may be granted provisional bail. In view of the fact that the trial is going on, the Court is of the opinion that no relief can be granted to the petitioner. Accordingly, the prayer for bail stands rejected. NKS/- ( Rakesh Kumar,J.)