IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23733 of 2011 Anand Singh son of Baban Singh Versus The State Of Bihar ----------- 4/ 19.10.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 23.11.2010 vide Cr. Misc. No.5746 of 2010 since he was one of the assailant of the deceased. Prayer for bail has been renewed on the ground that the petitioner is in custody since 2008, but there is no progress in the trial. A report was called for from the Trial Court which has reported in details as to the reasons of delay and one of it is that the accused persons were caught on different dates and their case was committed separately as also when witness appeared, three co- accused persons did not appear from jail. In the meanwhile, one of the co-accused has been sent to Buxar Jail since he had been sentenced to death. The delay in trial is well explained. Considering the same, I am not inclined to review the earlier order. Prayer for bail is once again rejected. The Trial Court should take care of section 273 Cr. P.C. which enjoins the Court to take evidence even in absence of the accused if his counsel is present and should not defer examination of the witness only on this score. JA/- (Anjana Prakash,J.)