IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20298 of 2008 SATYENDRA SINGH @ MANTUN SINGH Versus STATE OF BIHAR ----------- 2. 24.6.2008 Heard. The case is under section 302 and other allied sections of the Indian Penal Code. The sole contention of the learned counsel for the petitioner is that though the prayer of the petitioner was earlier rejected but by now the petitioner has remained in custody for six years and three months ( para 10) and that there is counter case also and both the cases are to be tried together and the judgment in both the cases should be passed together. Learned counsel also referred to the last paragraph of the order dated 9.9.2004 passed by the Addl. Sessions Judge saying that the prayer has already been made for joint trial of both the cases. He further contended that all the alleged eye witnesses have been examined and the case is pending for examination of the I.O. and the doctor only. They are official witnesses and there is no likelihood of their appearance in the trial soon and apart from this in the counter case there are 4-5 witnesses yet to be examined. Under such circumstances, learned counsel prayed that considering the period of custody the petitioner may be enlarged on bail. In view of the above submissions as also considering the period of custody which is more than six years, the petitioner, Satyendra Singh @ Mantun Singh, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten 2 Surendra/ thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court No.1, Nalanda at Bihar Sharif in S.Tr.No. 795/2002 arising out of Deep Nagar P.S.Case No. 57/2002. One of the bailers must be a family member. ( Rekha Kumari,J.)