IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5006 of 2011 Shiv Gope, son of late Moti Lal Yadav, resident of Mohalla – Chhatra Sangh Lane, Mithapur, ‘B’ Area, P S – Jakkanpur, District – Patna - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 04.03.2011 The petitioner is in custody since 27.04.2007 having been remanded while in custody in relation to another major offence, now in custody in relation to Sultanganj (Agam Kuan) Police Station Case No 367 of 2006 for an offence, inter alia, under Section 302 and other sections of Indian Penal Code read with Arms Act for having been associated in shoot out of a businessman right outside his premises. Learned counsel for the petitioner vehemently argues that there is hardly any material to justify his detention and that too for such a long time. Having perused the order of the learned Additional Sessions Judge I, Patnacity, it is apparent that after commitment now the case is set for trial and the date is now fixed for evidence. It is apparent that once the trial is to begin, the petitioner is anxious to get out. Be that as it may, considering the fact that the trial has begun, I do not consider it appropriate to release the petitioner on bail at this stage. Prayer of petitioner for bail is rejected. However, the trial Court is directed to expedite the trial at all costs keeping in mind the continued detention of the petitioner for now over four years. In case the trial is not concluded within one year, subject to petitioner’s cooperating, the petitioner would be free to apply for bail before the trial Court which would be decided on its own merit. M.E.H./ (Navaniti Prasad Singh) 2