IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20224 of 2008 MANOJ YADAV Versus THE STATE OF BIHAR ----------- 3 15.7.2008. Heard counsel for the petitioner and the State. Petitioner was named in the F.I.R. of Silao P.S.Case no.40 of 2004 registered for offence under Section 302/34 of the Indian Penal Code. After investigation final form was submitted. So far this petitioner is concerned, cognizance was taken against him by the Magistrate in the year 2005. Petitioner moved for anticipatory bail before the Sessions Judge in the year 2007 and before this Court in 2008. In between this period trial of other accused persons have commenced and charge has been framed. This delay is being explained by the counsel for the petitioner stating that no summon was received by the petitioner. Considering the fact that the trial has already commenced and petitioner has come before this court after long delay prayer for anticipatory bail is rejected. However, in case he surrenders before the concerned court within six weeks from today, the court below will consider his prayer for bail considering the fact that he was not sent up for trial and also that the petitioner claims that summon was not received. Sss/- (Mridula Mishra, J)