IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30560 of 2010 LALLU MAHTO, S/O LATE RAJENDRA MAHTO, RESIDENT OF VILLAGE – KARARA, P.S. – GHOSWARI, DISTRICT – PATNA . Versus STATE OF BIHAR . ----------- 4 04.03.2011 Heard Sri Rajendra Narayan, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Additional Public Prosecutor. The petitioner who is in custody in Sessions Trial No. 478 of 2009 (arising out of Ghoswari P.S. Case No. 37 of 2008) for the offence under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act has prayed for grant of bail. In this case earlier report regarding the stage of trial was called for which has been received and kept at flag ‘X’. The report shows that there are altogether seven charge-sheet witnesses. Out of seven, two witnesses have already been examined. Sri Rajendra Narayan, learned counsel for the petitioner submits that even after expiry of more than nine months only two witnesses could be examined and as such there is no possibility of conclusion of trial in the near future. In the report learned Additional Sessions Judge I, Barh has mentioned that four months time is required to conclude the trial. It further appears that coercive measures have already been taken by the learned Trial Court for securing 2 attendance of the witnesses. In view of the fact that trial is going on I am not inclined to extend the privilege of bail to the petitioner. Prayer for bail stands rejected. However, the concerned Superintendent of Police is directed to ensure production of witnesses on the date fixed by the Trial Court. The petition stands dismissed with above observation. Let a copy of this order be communicated to the concerned Superintendent of Police. Praful /- ( Rakesh Kumar, J.)