IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48342 of 2008 Niteshwar Singh son of Bharat Singh, Resident of Village-Narhagot, P.S.-Rajepur, District-East Champaran, Motihari ……..Petitioner Versus State of Bihar ……….Opposite Party ----------- 03. 21.01.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner’s bail application was earlier rejected on two occasions. Mr. Tarakant Jha, Senior counsel appearing on behalf of the petitioner submits that there is a case and counter case and the occurrence took place due to political rivalry between two parties. It is stated that the accused persons entered the house of the petitioner and began to abuse and assault them which resulted injuries. The petitioner also received injuries and in his defense he is said to have fired although there was no intention to kill anyone in particular. On the last occasion the Court had rejected the bail application of the petitioner on the ground that petitioner’s period of custody is short therefore he should not be allowed to the privilege of bail. It is further stated that even after a lapse of about eight months no further progress has taken place in this case and the petitioner - 2 - has now remained in custody since 18.06.2006 i.e. for about two and half years. Considering the period of custody, the petitioner namely Niteshwar Singh is directed to be released on bail in connection with Sessions Trial No. 1133 of 2006 arising out of Rajepur P.S. Case No. 35 of 2006 on furnishing bail bond of Rs. 10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge, East Champaran at Motihari subject to the condition that petitioner should appear on each and every date during trial as and when required by the Court and if he absents even for a single date without proper cause, his bail bond shall stand cancelled. Shageer (Sheema Ali Khan, J)