IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54317 of 2007 RAMJI MOCHI, Son of Rikhi Mochi, resident of village-Sidhipur, P.S. Paliganj, District-Patna. Versus THE STATE OF BIHAR ----------- 5. 04.03.2009 The petitioner is being tried for charge under Section 302 of the Indian Penal Code on the allegation that he caused lathi blow on the head of the deceased. The learned counsel for the petitioner submits that bail prayer of this appellant was earlier rejected four times by this Court vide orders dated 26.2.2003, 21.4.2004, 3.01.2005 and 14.12.2005 under respective Cr. Misc. Nos.97 of 2003, 7025 of 2004, 39586 of 2004 and 38364 of 2005 due to the allegation that the petitioner had assaulted the deceased by causing lathi blow on the head. The learned counsel further submits that the petitioner is in custody since 24.7.2002 i.e. for a period exceeding six years and seven months but the trial has not been concluded. It is also submitted that in this case, the informant who had leveled allegation of assault in the F.I.R. was examined as P.W.2 before the trial court but he has turned hostile and he has not supported the allegation of assault at the hands of the petitioner. The learned counsel further also submits besides the informant, four other material witnesses, namely, P.W.1, 3, 4 and 5 have also been examined on the point of occurrence but they have also turned hostile and none of them has supported the prosecution case. The learned counsel continues to submit that material witnesses including the informant have already been examined and now official and some formal witnesses are only to be - 2 - examined by the trial court. In this regard, a report was called for, from the trial court about the stage of the case wherein the trial court has stated that steps are being taken for procuring attendance of the witnesses and trial is expected to be concluded within four months. The leaned counsel points out that in this case earlier also, a report was called for and vide his letter no.501 dated 10.12.2007, the trial court had intimated that the trial would be concluded within three months but it could not be concluded and the trial is lingering and it is still pending. Mr. S. R. Haque, the leaned A.P.P. does not dispute the submission that five witnesses including the informant as examined before trial court have turned hostile. The petitioner is stated to be in custody since 24.7.2002. In the facts and circumstances of the case, the petitioner, Ramji Mochi 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 1st Additional Sessions Judge, Patna, in S. Tr. No.1271 of 2005 arising out of Paliganj P.S. Case No.31 of 2002. (C.M. Prasad, J.) Ravi/-