IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3753 of 2008 SURESH SHARMA Versus THE STATE OF BIHAR ----------- 3 01.04.2009 The petitioner is facing trial for the offences under Section 414 of the Indian Penal Code and 25(1-b) A/26 of the Arms Act. The allegation on him is that he was manufacturing arms and ammunition in a phus-house and that on raid by police, a country-made pistol, five cartridges and several other implements used in manufacturing arms and ammunition was found. Due to these allegations, the petitioner’s prayer for bail was earlier rejected twice by this Court under Cr. Misc. No. 5206 of 2006 and 21235 of 2007 vide respective orders dated 15.5.2006 and 11.5.2007. The learned counsel for the petitioner submits that the petitioner is in custody since 24.7.2005 but the trial of the case has not been concluded and that thee is no likelihood of conclusion of trial in near future. It is also submitted that in this case, the prosecution has produced only two witnesses till date and those two witnesses have also turned hostile. After filing the instant bail application, a report was called for from the trial court. The report dated 25.9.2008 of the trial court has been received and it is at flag ‘X’. In the report it is mentioned only two witnesses have been examined and those two witnesses have turned hostile. It was also stated in the report that the trial would be disposed of within four months. - 2 - The learned counsel for the petitioner submits that period exceeding six months have already elapsed since the submission of the report but the trial still continuing and no other witness excepting two hostile witnesses have been produced before the trial court. The learned counsel says that there is no likelihood of the conclusion of trial in near future. Thus, hearing and considering the period of incarceration and the stage of trial, the petitioner, Suresh Sharma 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 Sessions Judge- I, Begusarai, in Sessions Trial No.404 of 2006 as well as Neemachandpura P.S. Case No.40 of 2005. (C.M. Prasad, J.) Ravi/-