IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51479 of 2008 1. MISHRI LAL YADAV, Son of Late Bramdeo Yadav, 2. SURAT LAL YADAV, Son of Late Brahmdeo Yadav, Both resident of village-Baika, P.S. Sakatpur, District- Darbhanga. Versus STATE OF BIHAR ----------- 2. 23.1.2009 Heard Sri Vinay Kumar Mishra, Advocate for the petitioners and the learned A.P.P. for the State. The case was registered under all bailable Sections of the Penal Code and Section 27 of the Arms Act. The charge was framed on 14.7.1995 and the trial remains pending so much so as to be not concluded by 23.7.1998. The petitioner absented from it. The learned Sessions Judge has written that the petitioner was arrested in connection with another case and then was remanded in trial no.1385 of 2008. In three years probably, the court could not examine a single witness. This inference is drawn by me because there is no mention about any progress being made by the Magistrate in the case. The learned Judge has directed the disposal of the case within nine months, but considering the above circumstances couple with the circumstance that the petitioner is in - 2 - custody for last four months, let the above named two petitioners be released from custody on furnishing bond of Rs.3,000/-(three thousand)each with two sureties of the like amount each to the satisfaction of Shri B.Pandey, J.M. Ist Class, Darbhanga in Baika P.S.Case No.49 of 1992(Tr.No.1385 of 2008). The direction of the learned Sessions Judge to the learned Magistrate for concluding the trial within a particular period of time very much stands and the Magistrate could, in case of not concluding the trial, submitted his explanation to his Sessions Judge. B.Kr. ( Dharnidhar Jha, J. )