IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19261 of 2008 AWODH KUMAR @ ABODH KUMAR @ CHUHA, son of Nageshwar Prasad, resident of village-Chikshaura Bazar, P.S. Hilsa, Disteict-Nalanda. Versus STATE OF BIHAR ----------- 6. 24.06.2009 Heard. The petitioner is facing trial for offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. the bail prayer of this petitioner was earlier rejected thrice by this Court vide orders dated 12.11.2003, 3.2.2005 and 16.2.2006 under respective Cr. Misc. Nos. 18378 of 2003, 4340 of 2005 and 3929 of 2006 on the ground that the petitioner is alleged to have shot at the deceased hitting on chest, as a result of which, he died on way to hospital. The leaned counsel for the petitioner submits that the petitioner is in custody since 24.8.2001 i.e. for a period of seven years and ten months but the trial still lingers and it is not likely to be concluded in near future. After filing of the application, a report was called for from the trial court about the state of the trial and the period within which the trial was likely to be concluded. The trial court’s report dated 24.11.2008 as received under letter No.33 dated 24.11.2008 at flag ‘A’ is on record. In his report the trial court has stated that almost all witnesses excepting the I.O. has been examined and that the case would conclude within two weeks. Today, the leaned counsel for the petitioner files supplementary - 2 - affidavit with latest order sheet containing order up to last date 14.5.2009 and points out that the order dated 14.5.2009 shows that witnesses were not in attendance and non-bailable warrant had been issued against non- official witnesses. It is submitted by the learned counsel that vide report dated 24.11.2008, the trial court had stated that the trial would be concluded within two months but the period exceeding six months have passed and the trial is still continuing and it is not likely to conclude in near future because the witnesses are not in attendance and warrant of arrest have been issued against them. The leaned A.P.P. submits that the trial court is taking steps for procuring attendance of the witnesses. Thus hearing and considering that the petitioner is in custody for a period exceeding seven years and ten months and the trial is not likely to conclude in near future, the petitioner, Awodh Kumar @ Abodh Kumar @ Chuha 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 District and Sessions Judge, Hilsa (Nalanda) in S. T. No.945 of 2005 Hilsa P.S. Case No. 232 of 2001. (C.M. Prasad, J.) Ravi/-