IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44558 of 2009 NASIM @ NASIM AKHTAR s/o Manzoor Alam, resident of village – Alakhbani, P.S. Kalyanpur, District- East Champaran. Versus STATE OF BIHAR . ----------- 2 16.12.2009 The prayer for bail of the petitioner, who is in custody in relation to Kalyanpur P.S.Case no. 57 of 2007 instituted under Sections 147,148,149 and 307 IPC read with Section 27 of the Arms Act, was rejected thrice by this Court. He is in custody since 3.11.2007. On the last occasion, when his bail application was rejected by this Court, for the third time, it was observed that if within nine months material witnesses are not examined and there is no delay to the trial caused by the petitioner, he may renew his prayer for bail before the trial Court for bail. He accordingly renewed his prayer for bail before the trial Court, which has been rejected merely on the ground that three times his application for bail was rejected by this Court. I regret that Second Additional Sessions Judge, East Champaran, Motihari, who passed the order has not bothered to read the last order of this Court wherein specifically liberty was given to the petitioner to renew his prayer for bail . That was an empty formality. From the order it is also clear that even though charges have been framed more than a year back, not a single witness has yet been examined and the prosecution is enjoying luxury of protracted litigation. In that view of the matter, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) 2 with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C. 5, East Champaran. in Kalyanpur P.S.Case no. 57 of 2007 ( S.Tr. no. 505 of 2008). Singh (Navaniti Prasad Singh, J.)