IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28400 of 2009 RAJU SINGH @ RAJU KUMAR, S/o. Krishna Singh @ Krishnanandan Singh, Versus THE STATE OF BIHAR ----------- 05. 27.04.2010 The petitioner is being tried for the offence under Sections 302 I.P.C. and Section 27 of the Arms Act. The allegation is that the petitioner and one Ajay Singh had shot at the deceased hitting on chest and thereby caused his death. Bail prayer of the petitioner has been earlier rejected by this Court four times vide orders dated 28.01.2005, 17.02.2006, 23.11.2006 and 04.03.2009 passed in respective Cr. Misc. Nos. 2526 of 2005, 4201 of 2006, 47473 of 2006 and 269 of 2008. It is pointed out by the petitioner’s counsel that earlier while rejecting the petitioner’s prayer for bail it was discussed that vide this Courts order dated 14.08.2008, a report had been called for from the trial-court about the stage of the trial and the probable time within which the trial is expected to conclude. The report has been received under letter No.347 dated 15.09.2008 of the trial-court wherein it 2 was stated that the prosecution had not examined even a single witness and it was also stated that the trial is likely to conclude within nine months. It is further submitted that in view of the said report of the trial-court, this Court refused the petitioner’s prayer for bail but with a liberty that if the trial is not concluded within nine months he may renew his prayer for bail. Learned counsel says that what to speak of nine months a period of one year and seven months have expired but the trial is still lingering. A supplementary affidavit has also been filed in which it has been stated that only two witnesses were examined so far and there is no likelihood of conclusion of the trial in near future. Learned counsel also submits that the petitioner is in custody since 24.03.2003 i.e., for a period of seven years and one month. Further submission is that co- accused Ajay Singh has been allowed bail, whose case is similarly situated, by this Court vide order dated 06.01.2010 as passed under Cr. Misc. No. 20588 of 2008 on the ground of delay in the trial. 3 Mr. S.N. Prasad, learned Addl.P.P. does not point out any other material against the petitioner. In the facts and circumstances, petitioner Raju Singh @ Raju Kumar 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 Addl. Sessions Judge, F.T.C. No.II, Patna in connection with Sessions Trial No.585 of 2006 arising out of Rani Talab (Bikram) P.S. Case No. 33 of 2003. Mkr. (C.M. Prasad, J.)