IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28458 of 2011 Mithilesh Tiwary, Son of Ram Narayan Tiwary, resident of Village/ Mohalla- Head Manpur Jora Maszid, P.S. Buniyadganj, District-Gaya --------------------------------------- Petitioner Versus The State Of Bihar ---------------------------------- 02 24-08-2011 Heard Sri Sanjeev Kumar, learned counsel for the petitioner. None appeared on behalf of the State. This is the second attempt for grant of bail on behalf of the petitioner. Earlier, the prayer for bail of the petitioner was rejected on 25.01.2011 vide Cr.Misc.No.25782 of 2010 keeping in view the seriousness of the allegation and the fact that the petitioner was the husband of the deceased. The deceased in the case was done to death by burning. Besides this, some other injuries were also found on the person of the deceased, which was noticed by this Court. Learned counsel for the petitioner submits that in this case, charges were framed in the month of December, 2010 and thereafter only one witness was examined and that too has turned hostile. According to the learned counsel for the petitioner, this is the changed circumstance for filing the present petition. The Court is of the opinion that only by way of examining some of the witnesses, one cannot take plea of changed circumstances. Fact remains that the prayer for bail was rejected on 25.01.2011 and trial has commenced. Accordingly, there is no ground for review of the earlier order, whereby the prayer for bail of 2 the petitioner was rejected. The petitioner’s prayer for bail is again rejected. However, while rejecting the prayer for grant of bail, it is desirable to direct the court below to proceed with the case expeditiously, so that trial may come to its logical end without unnecessary delay. NKS/- ( Rakesh Kumar, J.)