IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5566 of 2008 KAMESHWAR PRASAD "KUMUD", S/o. late Ram Ishwar Yadav, r/o. village- Nima, P.S. Telhara, District- Nalanda. Versus THE STATE OF BIHAR ----------- 04 06.05.2009 The case is under Section 302 of I.P.C. and Section 27 of the Arms Act. As per F.I.R. the allegation on the petitioner is that he had fired fatal shot killing the deceased. Petitioner’s prayer for bail was earlier rejected by this Court vide orders dated 21.10.2003 and 01.02.2006 passed in respective Cr. Misc. Nos.27006 of 2003 and 47806 of 2005 on the ground that the deceased had shot at the deceased which resulted into injury to him and he succumbed to the injury. Learned counsel for the petitioner submits that the petitioner is in custody since 19.05.2000 i.e., the period of nine years but the trial is lingering and there is no likelihood of its conclusion in near future. After filing of this bail application a report was called from the trial-court about the stage of the trial and the probable time within which the trial was expected to conclude. The report dated 24.10.2008 of the trial-court is 2 at Flag-A and the trial-court has stated in its report that the trial would conclude within six months. Learned counsel for the petitioner files a supplementary affidavit along with the current order- sheets of the trial-court and submits that the trial has not concluded within six months as per report of the trial- court. Learned counsel for the petitioner also refers to the evidence of the informant which is at Annexure-3 of the petition. He submits that in his evidence the informant had stated before the trial-court that he was inside the house and he had come out ten minutes after hearing sound of firing and he does not claim to be an eyewitness to the occurrence of shooting at the deceased at the hands of the petitioner. Mr. N.K. Prasad, the learned Addl.P.P. does not point out any other material against the petitioner. Thus, considering the period of incarceration and that trial is lingering and there is no likelihood of its conclusion in near future, the petitioner Kameshwar Prasad “Kumud” is admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of 3 the like amount each to the satisfaction of the 1st Addl. Sessions Judge, Hilsa, Nalanda in connection with S.T. No.15 of 2003, arising out of Hilsa P.S. Case No.432 of 1998. Mkr. (C.M. Prasad, J.)