IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32326 of 2009 BIRJU PASWAN, S/O Late Gorakh Paswan, Resident of Village-Bihta, P.S. Bakhtiyarpur, District-Patna. Versus STATE OF BIHAR ----------- 3 4/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner, facing prosecution for the offence under section 395 of the Indian Penal Code, would not be entitled for grant of bail because of his criminal antecedent. The petitioner, as per report of the Superintendent of Police, is facing prosecution in 15 cases and therefore this Court would find that instead the petitioner being released on bail, his trial should be expedited. It has to be noted that bail petition of co-accused Deepak Paswan has been rejected by this Court by order dated 5.5.2006 and the petitioner in this case of the year 2005 was remanded only on 26.10.2005. Taking criminal antecedent of the petitioner into account and the report of the trial court intimating that charges against the petitioner and other co-accused was to be framed on 12.10.2009, this Court, while rejecting prayer for bail of the petitioner, would direct the court below to ensure that trial of the petitioner is completed within a period of one year from the date of receipt/production of a copy of this order. It is made clear that while the trial court should take possible steps to ensure that trial of the petitioner is concluded, if the 2 defence including the petitioner will be held to be responsible for not concluding the trial then the petitioner will not be in a position to claim for bail even after the period of one year. On the other hand, if trial of the petitioner is not concluded solely on the fault of the prosecution the petitioner will have liberty initially to renew his prayer for bail after one year before the trial court which in such event will record its reasons for not concluding the trial, whereafter only the petitioner may renew his prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)