IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13320 of 2011 Rustam Khan Versus The State Of Bihar ----------- 03/ 13.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 1.12.2010 passed in Cr. Misc. no.29912/2010 with liberty to the petitioner to renew his prayer for bail before the learned trial court itself, if the trial is not concluded within four months. It appears from the report of the Ist Addl. Sessions Judge that the case of the petitioner is lying in the vacant court. Taking into consideration the above stated facts and circumstances, I do not feel it proper to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial no. 419/2006 arising out of Siwan Town P.S. Case no. 147/1998 is, hereby, rejected. However, the learned Sessions Judge, Siwan is directed to look into the matter and ensure that the record of the petitioner i.e. Sessions Trial no. 419/2006 be sent to a functional court with direction to that court to conclude the trial within further period of four months from the date of receipt of the record in his court and if the trial of the petitioner is not concluded within the aforesaid period, he may be released on bail by the learned court below itself. shahid (Hemant Kumar Srivastava,J)