MANTU TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Bibhuti Prasad Pandey, learned Senior Counsel for the petitioner and Mr. Rakesh Kumar, learned Prosecutor for the CBI.

(2.) Petitioner is in custody in Gardanibagh (Shastrinagar) P.S. Case No. 336 of 1998 under Sections 302, 307, 34, 120-B and 379, IPC artd Section 27 of Arms Act.

(3.) As it appears prayed for bail of this petitioner has earlier been rejected in Cr. Misc. No. 30036 of 2003 vide order dated 3.3.2004. Learned counsel for the petitioner presses the instant application for bail on fresh grounds that the petitioner is in custody since 12.9.2001 i.e. more than three and half years and almost similarly situated co-accused Rajan Tiwary has already been granted bail in Cr. Misc. No.14678 of 2004, vide order dated 28.7.2004. Referring report received from Shri Jitendra Mohan Sharma, learned Additional District and Sessions Judge-IV, Patna, learned counsel for the petitioner also points out that the charges in this case have already been framed on 25.7.2004 but as per learned trial Court at least one year time shall be required in conclusion of the trial of the case if both parties shall co-operate indicating no chance of disposal of the trial of the case in near future.