IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18547 of 2010 SUBHASH KUMAR, SON OF SHRI UPENDRA PRASAD @ GOLDEN RAI, RESIDENT OF MOHALLA – PANKADTAR, MAINPURA, P.S. PATALIPUTRA, PATNA, DISTRICT- PATNA (BIHAR) ……….PETITIONER. Versus THE STATE OF BIHAR …………………………….OPPOSITE PARTY. ----------- 10/ 22.12.2010 Heard learned counsel for the petitioner and learned counsel for the State. This petition has been filed for release of the petitioner on bail as he is an accused for offences punishable under sections 302/34 of the Indian Penal Code as well as section 27 of the Arms Act. The allegation is that three accused persons, namely petitioner as well as Chandi Lal and Durga fired at the deceased, who fell on the ground and succumbed to his injuries in the hospital. The petitioner was arrested on 25.10.2005 and since then he filed several petitions for bail before this court without success. The last of them bearing Cr.Misc.No.38490 of 2009 was dismissed on 16.12.2009 with a direction to the trial court to expedite the disposal of the trial without any further delay. Learned counsel for the petitioner submits that the repeated orders of this court were not heeded to by the courts below and the case of the petitioner was committed to the court of Sessions only on 17.08.2010 and record of the case was received in the trial court on 26.08.2010 where the case was numbered as Sessions Trial No.1281 of 2010 before the - 2 - Additional Sessions Judge-III, Patna in which dates are being given such as 17.09.2010, 23.09.2010 and 26.10.2010 etc. and in the meantime the co-accused Durga @ Durgesh Kumar was admitted on bail afresh with condition to remain physically present on each and every date. Hence, learned counsel for the petitioner submits that the petitioner has remained in jail for more than five years and the trial has just started. Considering the aforesaid facts and circumstances, this petition for bail is allowed. Let petitioner Subhash Kumar be released on bail on furnishing bail bond of Rs.10,000 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Narad Pandey, Judicial Magistrate, Ist Class, Patna in connection with Pataliputra P.S. Case No.136 of 2002 with a condition that the petitioner shall be physically and personally present in the court below as per the directions of the trial court. Harish (S.N. Hussain, J.)