IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40370 of 2010 MAINUDDIN SHAH, S/o. Akhtar Shah, r/o. Vill. Pet Bhariya, P.S. Kuchaikote, Distt. Gopalganj. Versus THE STATE OF BIHAR ----------- 02. 16.11. 2010 The case is under Section 396 of I.P.C. Heard. Bail prayer of this petitioner was earlier rejected twice by this Court vide orders dated 24.09.2008 and 19.04.2008 under respective Cr. Misc. Nos. 22744 of 2008 and 26863 of 2009 on the grounds as detailed in the orders. Today no fresh ground is urged excepting that the petitioner is in custody for last three years. But is also pointed out by the learned counsel for the petitioner that in this case the trial had already concluded and prosecution evidence was closed on 09.08.2010 and the case was fixed for judgment on 03.09.2010 but on that day the judgment was not passed and an order was passed by the learned trial- court under Section 311 Cr.P.C. for summoning some other witnesses whose evidence according to the learned trial-court was necessary for the just 2 decision of the case. Thus, the trial is proceeding in due course and the offence is serious and in view of the facts already discussed in this Court’s two earlier orders whereby petitioner’s prayer for bail was rejected, I do not find it a fit case for bail. Accordingly, the bail prayer of the petitioner is rejected. Mkr. (C.M. Prasad, J.)