IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25009 of 2009 MADAN MISTRI, Son of Late Manni Mistri, resident of Village- Maradi, P.S. Wazirganj, District-Gaya --- Petitioner Versus STATE OF BIHAR ----------- 04 24-02-2010 Heard Mr. Ramesh Singh, learned counsel for the petitioner and the learned A.P.P. for the State. The Petitioner is in custody since 6th March,2009 in connection with Khizarsarai P.S. Case No.21 of 2001 for offence under Sections 25(1a)(b)/26/35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in jail without any trial for such a long time. He further submits there is no criminal case pending against the petitioner except the present one. From the report regarding stage of the trial, as called for by order dated 19.11.2009, kept at Flag-A, it appears that the case is likely to be concluded within six to nine months. It also appears that till date even no step has been taken for initiating the trial of the case and, as such, it is a fit case where the petitioner can be enlarged on bail. Considering the facts and circumstances of the case - 2 - let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Khizarsarai P.S. Case No. 21 of 2001 with a condition that on each and every date fixed by the court below petitioner shall remain present, failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can make a prayer before the court for prior permission for his non-appearance on a particular date and the court below may examine such prayer on its own merit. With the above observation and direction, the bail petition is allowed. NKS/- ( Rakesh Kumar, J)