IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23904 of 2009 LAL BABU YADAV, son of Badari Yadav, resident of village Bahuarwa Parsa Mangali Tola, P.S. Majhoulia, District West Champaran Versus STATE OF BIHAR ----------- 4. 16.9.2009 Heard counsel for the petitioner and the counsel for the State. An observation definitely was given by this Court to renew the prayer if the trial was not concluded against him within a period of one year. The report, however, of the trial court dated 24th July, 2009 would go to show that though charge against the petitioner was framed on 21.8.2008 he has thereafter successfully remained away from the trial court, inasmuch as he is said to have been remanded in another case in Motihari and despite issuance of production warrant he could not be produced by the trial court at Bettiah. In that view of the matter, this Court would not direct for release of the petitioner on bail as the delay in not concluding the trial is not totally attributable to the prosecution. His prayer for bail, therefore, is again rejected. 2 That being so, this Court would only give direction to the trial court that if the petitioner appears in connection with the present trial at Bettiah from Motihari, the trial of the petitioner shall be taken up on day to day basis and concluded within a period of six months. In the event the trial of the petitioner would not be concluded in the aforementioned period of six months he will have the liberty initially to move the trial court which will have to record reasons for not concluding the trial, whereafter the petitioner may renew his prayer for bail before this Court. (Mihir Kumar Jha,J.) Surendra/