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The principal purpose of bail is to ensure that petitioner returns for trial and that the purpose is not to punish him by keeping behind bars. Petitioner has roots in the community and he is still M.L.A. and there is no risk of his not attending trial. He relied on the judgments reported in AIR 1979 S.C. 1360-Hussainara Khatoon & Others Vs. Home, Secretary, State of Bihar, Patna and AIR 1984 SC 372- Bhagirathsinh Judega Vs. State of Gujrat.

One Kamlesh Kumar Singh @ Kamlesh Singh, against whom, there were serious allegations for committing offences under sections 409, 420, 423, 424, 465 and 120B of the Indian Penal Code, read with Sections 7/10/11/13(2) read with section 13(1) (e) of the Prevention of Corruption Act, was granted bail by this Court on 13.12.2010 vide B.A. No. 9220 of 2010 after he remained in jail only for about 11 and ½ months. The order dated 3.9.2010, passed in B.A. No. 4392 of 2010 in the case of Manoj Kumar @ Manoj Kumar Singh was also relied and it was submitted that in view of custody of more than six months, bail was granted in that case registered under the provisions of IPC as well as Prevention of Corruption Act in which the allegations were of recovery of 169 fixed deposit receipts, worth more than Rs. 12.54 crores apart from other assets. In the fodder scam cases also, all the accused persons were granted bail after remaining in jail for 6 to 9 months. He relied on 2002(9) SCC 372-Laloo Prasad @ Laloo Prasad Yadav. The case of co-accused Hari Narayan Rai is more serious, in which the Supreme Court gave liberty to move after six months. Final order of attachment of all the assets of the petitioner has been passed. The maximum punishment is 7 years in these cases. He lastly submitted that it is not known when the CBI will complete the investigation.