IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16559 of 2008 RAM SOHAG PANDIT, son of Late Jaddu Pandit, resident of village-P.O. Bakerpur, P.S. Sonepur, District- Saran (Chapra) Versus STATE OF BIHAR ----------- 3. 25.07.2009 The case is under Section 302 and other of the Indian Penal Code. The petitioner is said to have assaulted the deceased on his thigh, causing injury involving cut of artery which resulted into profuse bleeding and thereby causing the death of the deceased. The doctor also opined that the death was caused due to shock and haemorrhage as a result of the injury. The bail prayer of this petitioner was earlier rejected five times by this Court vide orders dated 17.2.2004, 17.09.2004, 25.1.2006, 13.3.2007 and 21.11.2007 under respective Cr. Misc. Nos. 29251 of 2003, 27363 of 2004, 46614 of 2005, 11849 of 2009 and 51727 of 2007 on the ground that the petitioner is said to have caused assault in the aforesaid manner. The leaned counsel for the petitioner submits that the petitioner is in custody since 27.2.2003 and thus he remained incarcerated for a period of six years and five months. Further submission is that the case is still under trial. After filing of this application, a report about the stage of the trial and the probable time within which - 2 - the trial is expected to conclude was called for from the trial court vide this Court’s order dated 21.10.2008 The learned counsel for the petitioners submits that the trial court stated that trial would be concluded by the end of February, 2009 but it is still continuing. A supplementary affidavit has been filed today along with certified copy of the trial court’s up to date order sheet which shows that trial is still continuing. The learned counsel for the petitioners submits that the trial is lingering and there is no probability of its conclusion in near future, inasmuch as, many witnesses including the doctor and I.O. are yet to be examined. The learned A.P.P. does not point out any other material against the petitioner. Thus, hearing and considering the period of incarceration and pendency of trial, the petitioner, Ram Sohag Pandit 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, F.T.C. No.V, Saran at Chapra, in S. Tr. No. 1285 of 1994. (C.M. Prasad, J.) Ravi/-