IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44190 of 2008 CHINTU PASWAN SON OF BAKHORI PASWAN, RESIDENT OF VILLAGE KOSUK, P.S. DEEPNAGAR, DISTRICT NALANDA---------------PETITIONER. Versus STATE OF BIHAR--------------------OPPOSITE PARTY. ----------- 03. 26.11.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 394 of the Penal Code which was registered against four unknown criminals. It is submitted on his behalf that he has been apprehended on account of suspicion and his prayer for grant of bail is not being considered in terms of Sub-Section(6) of Section 437, although he is in jail custody for more than eight months and the trial has not been concluded even after recording of the evidence of the informant Dr. Sadhu Saran Sharma on 18.7.2008. This Court has held the provisions contained in Sub-Section(6) of Section 437 to be directory, as such, only because the trial has not been concluded within a period of 60 days from the next date of the framing of charges petitioner cannot claim grant of bail on such ground, specially when the informant has already been examined in the case on 18.7.2008. In the circumstances, this application is disposed of with direction to the trial court(Sri M.K. Singh, Judicial Magistrate, Ist Class, Nalanda at Biharsharif) to conclude the trial in connection with Deepnagar P.S. Case No. 167 of 2007, G.R. No. 2661 of 2007 by 26.3.2009 but in the event trial is not concluded by that date on account of no fault on the part of the petitioner then the petitioner, namely, Chintu Paswan is directed to be released on bail on furnishing - 2 - bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of (Sri M.K. Singh, Judicial Magistrate, Ist Class, Nalanda at Biharsharif) in connection with Deepnagar P.S. Case No. 167 of 2007, G.R. No. 2661 of 2007. Rajesh/ (V.N.Sinha,J.)