IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5158 of 2010 ATAUL @ ATTU @ ATABUL Versus STATE OF BIHAR ----------- 02. 10.03.2010 Heard both sides. This is a repeat application filed on behalf of the petitioner seeking bail. Earlier his prayer for bail was rejected by order dated 14.02.2008 (Annexure-1). Considering the allegation and the materials on record his prayer for bail was refused without any observation. It is stated that petitioner is in custody since 30.04.2007. Referring to the statement made in paragraph no. 12, it is stated that four witnesses have been examined in this case, who have not supported the prosecution case. From the materials on record it does appear that the trial is in advance stage. In that view of the matter, this Court is not inclined to grant him the privilege of bail. Accordingly, the prayer for bail made on his behalf is rejected. Considering the period of incarceration and the fact that the trial is under way, this Court, however, observes that if the trial itself is not concluded within a period of five months from the date of receipt/communication of a copy of this order in the Court below, petitioner shall have liberty to approach this Court for bail. Sym ( Kishore K. Mandal, J.)