IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22618 of 2010 PAPPU SINGH son of Awadh Kishore Singh, resident of village Pura, P.S. Wazirganj, District Gaya. Versus STATE OF BIHAR . ----------- 3 11.10.2010 Having heard counsel for the petitioner and counsel for the State as also taking into account the solitary submission of learned counsel for the petitioner who is facing prosecution under sections 302/34 of the Indian Penal Code that there was no head injury by “Saif” and that co-accused Awadh Kishore Singh and Rinku Singh have been granted bail by this Court by order dated 23.7.2008 in Cr. Misc. No.5881 of 2008 and order dated 11.2.2009 in Cr. Misc. No.51211 of 2008, this Court is of the considered opinion that first of all it is not correct to say that there was no head injury by “Saif” on the person of the deceased, inasmuch as, injury of 3’x1/2’x cavity deep on left parietal region causing fracture is nothing else but a head injury capable of being caused by a sharp cutting such as weapon “Saif” alleged to be in the hand of the petitioner. Moreover grant of bail to either of the two other co-accused person who had not only surrendered well within time but also were not said to have caused incised injury on the head of the deceased would be definitely making their case also distinguishable from the case of the petitioner. In that view of the matter, prayer for bail of the petitioner is hereby rejected. Since the petitioner is in custody for a period of more 2 than 2-1/2 years (w.e.f. 27.3.2008), this Court would direct the trial court to ensure that trial of the petitioner is taken up out of turn and is concluded within a period of nine months from the date of receipt/production of a copy of this order. In the event trial of the petitioner will not be concluded within the aforementioned period the he will have liberty to move initially before the trial court which then would record reasons for not concluding the trial and only thereafter the petitioner will be at liberty to renew his prayer for bail before this Court. Abhay Kumar ( Mihir Kumar Jha, J.)