IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33405 of 2009 BISUNI PASWAN, son of Gonar Paswan, resident of village Andauli, P.S. Kishanpur, District Supaul Versus STATE OF BIHAR ----------- 3. 9.11.2009 Heard Miss. Fauze Shakil, learned counsel for the petitioner and the counsel for the State. The petitioner faces prosecution for offence u/ss 147, 148, 149, 302, 323 and 324 of the Indian Penal Code with specific allegation of assaulting the deceased by a Chhura. Miss. Shakil, however, while trying to distinguish the case of the petitioner with others named in the F.I.R. who also had given blows by sharp cutting weapon on the person of the deceased would submit that there is nothing against the petitioner so as to hold him primarily responsible for causing death of the deceased. Such submission of the learned counsel cannot be accepted for the reasons that there are five sharp cutting injuries found on the person of the deceased and his death in the opinion of the Doctor has been caused by cumulative effect of all the five sharp cut injuries. The petitioner that having been named in the F.I.R. with an allegation of causing Chhura blow and there 2 Surendra/ being a corresponding incise injury on the person of the deceased, this Court is not inclined to grant bail to the petitioner for the present even though he is in custody since 26.11.2008. His prayer for bail is, accordingly, rejected. None-the-less as the petitioner has remained in custody for a period of almost one year, the trial of the petitioner must be expedited and the trial court must ensure that if the defence does not create obstacle and the case has already been committed to the court of sessions, the same must be concluded within one year from the date of receipt/ production of a copy of this order. Happen the trial of the petitioner be not concluded in the aforementioned period solely on account of laches on the part of the prosecution the petitioner shall have the liberty initially to move the trial court which will record reasons for not concluding the trial, and only whereafter the petitioner may move this Court for grant of bail. (Mihir Kumar Jha,J.)