IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37666 of 2009 CHANDRIKA SAHNI, son of late Dawan Sahni, resident of village-Agya Mallahi Tola, P.S. Goreya, District-Siwan. Versus STATE OF BIHAR ----------- 6. 07.02.2011 This is an application for bail of petitioner who is facing trail for offence punishable under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that initially the petitioner was allowed bail by this Court vide order dated 11.3.1997 passed in Cr. Misc. No. 3636 of 1997. Further submission is that subsequently vide order dated 10.4.1998 as passed in Cr. Misc. No. 23153 of 1997 his bail was cancelled on the ground that the petitioner had threatened the witnesses. Learned counsel continues to submit that after cancellation of the bail bond, the petitioner did not surrender immediately before the court below. Therefore, his subsequent bail petitions were also rejected by this Court under Cr. Misc. Nos. 34760 of 2000, 6513 of 2006, 56410 of 2006 and thereafter lastly in Cr. Misc. No. 19916 of 2008. Learned counsel submits that in the order dated 31.1.2007 as passed in Cr. Misc. No. 56410 of 2006 it was mentioned that the petitioner was arrested by police on 16.10.2005. It is submitted that the petitioner continues to remain in custody since 16.10.2005. After filing of this instant bail petition, a report was called for from the trial court about the stage of the trial and the 2 probable time within which the trial is expected to conclude. In compliance to the order the trial court had submitted its report under his letter No. 207 dated 25.5.2010 wherein it was reported that only one witness was examined in the case and that the trial was expected to conclude within six months. In view of the report this case was ordered to be listed in the month of December and thus it is before the board of this Court. The petitioner has filed a supplementary affidavit dated 12.1.2011 wherein it is stead that out of 12 witnesses only two have been examined by prosecution. Learned counsel for the petitioner submits that the petitioner is in custody since 16.10.2005 i.e. for a period exceeding five years but the trial is lingering and there is no likelihood of its completion in near future. In the facts and circumstances, the petitioner, Chandrika Sahni is admitted to bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-II, Siwan, in Sessions Trial No. 357 of 2006 (arising out of Goreya Kothi P.S. Case No. 101 of 1995). Ravi/- ( C. M. Prasad, J.)