IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5968 of 2010 HARI BOL JHA son of late Sudhir Jha, resident of village-Anadipur, P.S.-Kahalgaon, Dist.-Bhagalpur. . Versus STATE OF BIHAR ----------- 2. 12.3.2010. Heard Mr. Subodh Kumar Jha, learned counsel for the petitioner and Mr. Rakesh Kumar Sinha, learned counsel for the informant and Mr. Uma Shanker Prasad Singh, learned APP for the State. The petitioner is in custody in connection with Kahalgaon P.S. Case No.382 of 2008 corresponding to Sessions trial No.351 of 2009 registered for the offences under section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. Learned counsel for the petitioner, while pressing the bail petition, submits that it was a case of circumstantial evidence. There is nothing directly to suggest the involvement of this petitioner. He further submits that five witnesses have been examined but nothing has been brought on record suggesting implication of this petitioner. On these grounds he prays for grant of bail. Learned counsel for the informant opposes the prayer of bail. He submits that since trial is going on and five witnesses have already been examined, there is no purpose to examine all these things and prays for rejection of the bail petition. Learned counsel for the State supports the stands of the informant. 2 Since the trial is going on and five witnesses have been examined, it is not desirable to extend the privilege of bail. However, learned counsel for the petitioner submits that the petitioner is in jail since 25.10.2008. Accordingly, it is desirable to direct the trial court to conclude the trial expeditiously and preferably within a period of nine months from the date of receipt/production of a copy of this order. If the trial is not concluded within the aforesaid period, the petitioner shall be at liberty to renew his prayer for bail. However, this observation will be subject to the condition that defence will not linger the trial only with a view to circumvent this order. Md.S. ( Rakesh Kumar, J.)