IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.727 of 2009 ASHOK RAI @ ASHOK KUMAR RAI, son of Ram Prit Rai, resident of village-Basadhiya, P.S.-Dalsingsarai, District-Samastipur. Versus STATE OF BIHAR ----------- 02/ 26-02-2009 Heard the learned counsel for the petitioner and the State. Though finding the material regarding the petitioner’s involvement in a case under Section 366A of the Penal Code followed by 376 also and his prayer for bail was twice rejected by this Court, submission of the learned counsel for the petitioner is that the last witness examined in the case on 22.3.2007 and thereafter a petition was filed under Section 319 Cr.P.C. for summoning a co-accused, who is not sent up for trial. So, there is no possibility of disposal of the case in near future as the petition itself is not disposed of. He further submits that petitioner is in custody since 01.2.2006. Taking into consideration the period of custody of the petitioner and the circumstances discussed above, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-F.T.C.-No.I, Samastipur in connection with S.T.No.421 of 2006, arising out of Dalsingsarai P.S.Case No.20 of 2006. AH/ ( Mandhata Singh, J. )