IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33727 of 2009 SHEOJEE SINGH SON OF LATE HARERAM SINGH Versus STATE OF BIHAR ----------- 4. 04/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 380, 34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioner is in custody since 28.4.2007 and even though the charge was framed on 21.10.2008 but even as per the report of the trial court, not a single witness has been examined till date. So far as merit of the case is concerned, the petitioner is not said to be the assailant of the deceased which role had been attributed to the co-accused Ajay Singh. Under the circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court No.-3, Siwan, in connection with Sessions Trial No. 359 of 2008 arising out of Siswan P.S. Case No. 76 of 2004 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the affidavit shall clearly state that the 2 petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The learned Sessions Judge, Siwan is directed to ensure that the Sessions Trial No. 446 of 2007 and the present Sessions Trial i.e. 359 of 2008 are amalgamated to be tried and disposed of at the earliest. The Sessions Judge is also directed to ensure that co-accused Ajay Singh facing Trial in Sessions Trial No. 536 of 2007 is not given unnecessary leeway in protracting the trial at his will. All steps should be taken to ensure that Sessions Trial arising out of the same occurrence is taken up and disposed of together so that no unnecessary hardship to any party is actuated. S.Ali (Anjana Prakash, J.)