JUDGMENT

Markandey Katju, J. - Leave granted.

2. This appeal under Article 136 of the Constitution of India has been filed against the impugned judgment and order dated 27.4.2006 of the Patna High Court by which the appellants application for bail has been dismissed, but with the following observations:

"Since the petitioner has actually remained in custody in connection with the present case for about 5 years and 7 months as per submission on behalf of petitioner, hence, considering the spirit of the last order of the Apex Court dated 3.10.05, the trial court is directed to hold trial at least for about three days in a week on an average so that the examination of prosecution witnesses may be concluded without any delay preferably within three months. Thereafter, the court shall ask the defence to submit the list of its witnesses and make efforts to conclude the trial expeditiously, preferably within six months. If the trial cannot conclude within the aforesaid period of six months from today, the petitioner would be at liberty to renew his pray for bail.

With this observation, this application for bail is dismissed at this stage."

3. The appellant is an accused in a case under Secti