IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13581 of 2009 LAMBOO UPADHAYAY Versus STATE OF BIHAR ----------- 4. 12.05.2010 The case is under section 302/34 of the I.P.C. and 27 of the Arms Act. Heard. Bail prayer of this appellant was earlier rejected four times by this court under cr. misc. no. 3118 of 2003, 37747 of 204, 33855 of 2005 and 29509 of 2006 in view of the allegation that the petitioner had fired fatal shot killing the deceased. The learned counsel for the petitioner submits that the petitioner is in custody since 26.3.2003 i.e. for a period exceeding seven years but the trial has not concluded. After filings of this application vide this court order dated 14.10.2009 report was called for from the trial court about the stage of the trial and the probable time within the trial is expected to conclude. The report has been received under letter dated 7th November, 2009 of the trial court at flag ‘x’ wherein it is said that trial was likely to conclude within six months. Today the learned counsel filed the supplementary affidavit dated 12.05.2010. As also averred in the para-3 of the affidavit, the learned counsel submits that the period of six months has already elapsed but the trial has not concluded nor there is any likelihood of its conclusion in near future. Thus considering that the appellant is in custody since 26.3.2006 and the trial has not concluded nor here is likelihood of its 2 conclusion in near future, he i.e. Lamboo Upadhayay is admitted to bail on furnishing bail bond of Rs. 10, 000/- with two sureties of the like amount each to the satisfaction 4th Additional Sessions Judge, Saran at Chapra, in Sessions Trial No. 596 of 2003, arising out of Rasulpur P.S. Case No. 50 of 2002. (C.M. Prasad, J.) Ravi/-