IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5643 of 2010 BADRI YADAV Versus THE STATE OF BIHAR ----------- 4 12.05.2010 Heard counsel for the petitioner and counsel for the informant. No body appears on behalf of the State. Petitioner has renewed prayer for bail in view of the observation made on his previous bail application which was disposed of on 6.8.2009 (Annexure-1). It would appear from the said order that although petitioner is named in the F.I.R. along with 13 others but on conclusion of investigation, petitioner and three others were not sent up as there were deficient material against them. Learned Magistrate, however, took cognizance differing with the said report. Learned counsel, with reference to the statements made in the case diary, tried to convince this court that the F.I.R. was delayed and the informant was first made to look to the post- mortem report and thereafter report was lodged on 16.9.2003 which was, however, sent to the court on the next day i.e. 17.9.2003. A status report was called for from the Trial Court. The same is on record placed at Flag-A. This court finds from the said report that the case is still pending commitment for appearance of one accused. It is contended that petitioner is in custody since 16.3.2009. Learned counsel appearing on behalf of the informant 2 however, opposed the prayer. He contends that two similarly placed co-accused have since been refused bail by this court. Having regard to the submissions advanced on behalf of the parties, this court, while declining the prayer made on behalf of the petitioner, disposes of the application in the following manner: Let the Trial Court take all effective steps to take up the trial and conclude the same by examining all prosecution witnesses within six months from the date of receipt/communication of the order in the court below failing which the petitioner shall have liberty to renew prayer for bail. pkj ( Kishore K. Mandal, J. )