IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41349 of 2010 Chhotan Choudhary @ Bhalu, Son of Shyamlal Choudhary, resident of Village- Dawan ( Mohan Tola), Police Station- Jagdishpur, District-Bhojpur ----------- Petitioner Versus THE STATE OF BIHAR ----------- 02 12-01-2011 Heard Sri Om Prakash Upadhaya, learned counsel appearing on behalf of the petitioner and Sri Gajendra Prasad Yadav, learned Addl. Public Prosecutor. The petitioner, who is in custody since 11.01.2006 in Sessions Trial No.291 of 2006 ( arising out of Dumraon P.S. Case No.08 of 2006 for the offences under Sections 399 and 402 of the Indian Penal Code and 25 ( 1-B)A and 26 of the Arms Act, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that from a bag, which was being carried by this petitioner, one country- made pistol was recovered. The petitioner has already remained in jail for a quite considerable time. Learned Addl. Public Prosecutor has submitted that in the case, trial is at the fag end. Keeping in view the fact that the trial is at the fag end, I am not inclined to extend the privilege of bail to the petitioner. However, since the petitioner is in jail from 11.1.2006, it is desirable to direct the court below that if the trial is not concluded within a period of two months from the date of receipt/production of a copy of this order, the trial court will release the petitioner forthwith on 2 bail on any terms and conditions imposed by the court below. With above observation and direction, the prayer for bail of the petitioner is rejected. Let this order be sent through Fax on the cost being deposited by the petitioner. NKS/- ( Rakesh Kumar, J.)