IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28861 of 2009 Sikandar Mahto, Son of Akshaylal Nonia, Resident of Village and P.S. Alauli, Dist. Khagaria. ------ Petitioner Versus State of Bihar ------ opp. Party ----------- 3 01.04.2010 Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner and counsel for the State. The prayer for bail of the petitioner had already been rejected by an order dated 27.3.2009 in Cr. Misc. No. 476 of 2009. That being so, there would be no question of reconsidering the prayer for bail of the petitioner on merits. The petitioner is in custody since 22.9.2008 i.e. almost one and half years for offence under Sections 302/34 of the Indian Penal Code. In that view of the matter, all that can be done is that the trial court can be directed to ensure that the trial of the petitioner is expedited and concluded preferably within a period of one and half years from the date of receipt/production of a copy of this order. In the event, the trial of the petitioner would not be concluded in the aforementioned period of one and half years 2 solely due to laches on the part of the prosecution, he will have liberty to move initially before the trial court for grant of bail and the trial court will record reasons for not concluding the trial within the aforementioned period and only thereafter, the petitioner may move this Court for bail. Rsh (Mihir Kumar Jha, J.)