IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23709 of 2010 NAWMI MAHATO Versus STATE OF BIHAR ----------- 5 29.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Though, there is specific allegation against the petitioner that the petitioner assaulted with sword to the deceased as a result of which deceased died and in course of investigation it was found that the petitioner had assaulted the deceased with Khanti, but admittedly, the petitioner is languishing in judicial custody since 24.03.2008 and a perusal of the report Trial Judge i.e. First Additional District & Sessions Judge, Siwan vide letter no.401 dated 04.10.2010, which is at flag “B” reveals that out of nine witnesses only two witnesses have been examined as yet and there is no likelihood of the conclusion of the trial of the petitioner in near future. 2 Furthermore, petitioner does not have any criminal history and it appears that he is a labourer. Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, I direct him to be released on bail on furnishing bail bonds of Rs.10,000/-with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-I, Siwan, in connection with Sessions Trial No.354 of 2008 arising out of Daronda / Darawnda P.S. Case No.30/2008, subject to condition that one of the sureties must be close relative of the petitioner. PN ( Hemant Kumar Srivastava,J.)