IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37753 of 2011 Rajeev Kumar Rai @ Rajiv Kumar Rai, son of Shri Jai Mangal Rai, resident of village Ganj Gaurihar, P.S. Sakra, District Muzaffarpur … Petitioner Versus The State Of Bihar ---------------------------------- 2. 21.12.2011 Heard counsel for the petitioner and the counsel for the State. The prayer for bail of the petitioner was earlier rejected by the order dated 15.10.2009 in Cr.Misc.No. 35428/2009 wherein the trial court was directed to ensure that the trial of the petitioner should be expedited and concluded preferably within a period of one year from the date of receipt/ production of a copy of the order. Counsel for the petitioner would submit that such period of one year in terms of the order of this Court dated 15.10.2009 has already been completed but the prosecution has examined only five witnesses and even they have turned hostile. He would accordingly submit that the petitioner would be entitled for bail in view of the observation made by this Court in the order dated 15.10.2009 in Cr.Misc.No. 35428/2009. Counsel for the State, on the other hand, has submitted that the order of this Court dated 15.10.2009 was made available to the trial court by the petitioner only on 4.8.2011 and therefore, the period of one year has to commence from 4.8.2011. In the considered opinion of this Court learned counsel for the State is correct. If the petitioner himself has produced the copy of the order of this Court dated 15.10.2009 2 before the trial court after expiry of a period of almost a period of one year he cannot be heard to say that the trial was delayed only on account of laches on the part of the prosecution. Be that as it may, the period of one year would now commence from 4.8.2011 and therefore, the trial court must take its prompt actions for concluding the trial by 4th August, 2012. It is made clear that if the petitioner’s trial is not concluded in the aforementioned period of one year i.e. on or before 4.8.2012, the petitioner shall have the liberty initially to move the trial court which then would record reasons for not concluding the trial in the aforementioned extended time. The Sr. Superintendent of Police, Muzaffarpur is also directed to ensure that the remaining witnesses in connection with S.Tr.No. 261/2008 arising out of Sakra P.S.Case No. 71/2007 are produced within a period of four months from the date of receipt/ production of a copy of this order. The Sr. Superintendent of Police, Muzaffarpur will also submit his action taken report to Registrar General of this Court as with regard to producing all the prosecution witnesses and closure of the prosecution case which, as noted above, must be done within a period of four months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application for bail is dismissed. Let a copy of this order be sent immediately both to the trial court as also Sr. Superintendent of Police, Muzaffarpur. Surendra/ (Mihir Kumar Jha,J.)