IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1852 of 2008 MADAN SINGH, S/o. late Jappu Singh, r/o. village-Roopahari, P.S. Sikarganj, District- East Champaran. Versus THE STATE OF BIHAR ----------- 5 18.03.2009 Learned counsel for the petitioner is permitted to make some correction in paragraph-1 of prayer portion of the bail application. The appellant is facing trial for the offence under Section 302 of I.P.C. and the allegation on him is that in course of a dispute relating to straying of a she-goat in front of informant’s house the petitioner gave a Tanguli blow on the head of the deceased, as a result of which the deceased died in course of treatment. Bail prayer of this appellant was earlier rejected four times by this Court under Cr. Misc. No.16336 of 2004, Cr. Misc. No.7249 of 2005, Cr. Misc. No.42613 of 2005 and Cr. Misc. No.20591 of 2007 vide respective orders dated 22.07.2004, 01.03.2005, 19.12.2005 and 02.05.2007 on the ground that the petitioner has assaulted the deceased by means of Tenguli on his head. Learned counsel for the appellant submits that 2 the trial is lingering for a longtime and the petitioner is incarcerated since 23.01.2004 i.e., a period exceeding five years but the trial has not been concluded and that there is no likelihood of trial concluding in near future. A supplementary affidavit has been filed today on behalf of the petitioner with this averment that the last witness i.e., P.W.5 was examined in this case on 05.10.2005 and thereafter no further witness has been examined. In the instant bail application vide this Court’s order dated 14.08.2008 a report was called from the trial court about the stage of the case and the probable time within which the trial was expected to conclude. The report dated 22.08.2008 of the trial court was received in this Court and the same is kept at Flag-X. It was mentioned in the report that the trial will be concluded within four months. It appears that a period exceeding six months has already elapsed after the submission of the report but the trial had not concluded. The appellant has mentioned in his supplementary affidavit that the last witness was examined on 05.10.2005 and thereafter no 3 other witness has been examined and the trial still continues. Thus, considering that the appellant is in custody for a period exceeding five years and the trial still lingers and there is no likelihood of conclusion of trial in near future, petitioner Madan Singh 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 the Addl. Sessions Judge, F.T.C. No. II, Motihari, East Champaran in connection with S.T. No.216 of 2004, arising out of Chiraiya (Sikarganj) P.S. Case No.23 of 2003. Mkr. (C.M. Prasad, J.)