IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38523 of 2009 BHAGAT CHOUHAN, son of late Ganesh Chauhan @ Ganeshi Chauhan, resident of village Viman Tola Chawania, P.S. Ariari, District Sheikhpura Versus STATE OF BIHAR ----------- 2. 11.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is an accused for an offence u/ss 395/412 of the Indian Penal Code which was lodged in the year 1983. It transpired from the order rejecting bail of the petitioner that the petitioner after remaining present in course of trial for some time had absconded for a period of more than 11 years. Counsel for the petitioner, however, would submit that even after 8.12.2006 when the petitioner had surrendered his trial has made no progress only on account of non-receipt of original record of the trial which had to be segregated on account of the petitioner remaining absconding. Such records of other sessions case had been in fact sent to this Court in Cr.Appeal No. 539/2005(S.J.). Counsel for the petitioner would submit that despite all attempts by the trial court to 2 get the records the same has not been received therein only on account of its being retained in the High Court, as a result thereof it is the petitioner who is suffering in jail custody. In the opinion of this Court Cr.Appeal No. 539/2005 (S.J.) is not going to be taken up in near future and therefore, this Court would direct the Registry of this Court to ensure that the original records including the deposition and the statement u/s 313 Cr.P.C. of the concerned trial received from the court below and kept in the record of Cr.Appeal No. 539/2005 (S.J.) be sent to the court below forthwith. The court below is directed to ensure that the remaining portion of the trial of the petitioner is concluded within a period of six months from the date of receipt of the record and in the event for any reason whatsoever the trial of the petitioner would not be concluded, the petitioner would be at liberty to renew his prayer for bail before the court below itself which then would consider the prayer for bail of the petitioner without being influenced that his 3 prayer for such bail has been rejected by this Court. If, however, the trial of the petitioner is concluded within the aforementioned period the records received from this Court would be returned back by the court below for its being tagged with the records of Cr.Appeal No. 539/2005(S.J.). With the aforementioned observations and directions, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/