IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41075 of 2009 M.K.J.N.Brahmashree @ J.N.Sharma @ Raj Narain Singh, S/o Late L.B.K. Sharma, R/o Pirpaharipar, Sadar Hospital (Bihar Sharif), Dist. Nalanda. -------- Petitioner Versus The State of Bihar through C.B.I., Patna ---- Opp. Party ----------- 2 30.11.2009 Heard learned counsel for the petitioner and counsel for the State. Learned counsel for the petitioner as with regard to the conduct of the petitioner would submit that true it is that the petitioner has misused the privilege of bail by remaining absconding for a period of nearly eleven years but then when he was ultimately arrested on 19.6.2009, nothing has happened as against the petitioner and therefore as the petitioner is aged about 80 years, the petitioner is entitled for being enlarged on bail in terms of Section 437 of the Code of Criminal Procedure. Mr. Bipin Kumar Sinha, learned counsel for the C.B.I. would submit that the trial of the petitioner could not be taken up in a period of last six months only on account of the court remaining vacant. There is no difficulty in rejecting the prayer for bail of the petitioner, inasmuch as, the case was instituted in the year 1989 and has remained pending only because of the petitioner had absconded for a period of more than eleven years. At the same time, the petitioner cannot be kept in custody for an indefinite period and his trial has to be expedited and concluded. That being so, this Court, instead of directing the petitioner to be released on bail and make him to appear on each and every 2 date, would direct the court below, the trial court, to take up the trial of the petitioner on day-to-day basis and ensure that the trial of the petitioner is concluded within a period of six months from the date of receipt/production of a copy of this order. In the event, the trial of the petitioner would not be concluded in the aforementioned period, the petitioner will have liberty initially to move trial court which would be under obligation to record the reasons for not concluding the trial and whereafter only, the petitioner may renew his prayer for bail before this Court. Rsh (Mihir Kumar Jha, J.)