IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41127 of 2009 ASHOK PRASAD @ ASHOK MAHTO son of Hari Mahto, Resident of village Barhauna, Police Station Pakari Barawan, District Nawada. Versus STATE OF BIHAR ----------- 2 1/12/2009 Heard Mr. Ram Balak Mahto, learned senior counsel appearing on behalf of the petitioner and counsel for the State. Prayer for bail of the petitioner for the offence under sections 147,148,149,353,307,186 and 120 (B) of the Indian Penal Code and sections 25/26/27/35 of the Arms Act in a case instituted in 2001 is on the basis that nothing specific has been alleged against the petitioner in the body portion of the F.I.R. baring his name to have been included in the prescribed proforma of the F.I.R. Mr. Mahto has tried to rely on certain orders passed by this Court releasing other co-accused on bail, but then he was not in a position to satisfy this Court either with regard to any specific stand on the criminal antecedent of the petitioner or the reason for the petitioner remaining away for at least six years if not eight years prior to his being taken into custody in connection with another case and being remanded in this case on 20.3.2009 only. It however appears from the impugned order itself that the charges have already been framed in the pending trial of the petitioner. In that view of the matter, this Court is not inclined to release4 the petitioner on bail specially when there are serious allegations against the petitioner as noted by the trial court in the impugned order. The Court below however is directed to ensure that 2 trial of the petitioner is concluded within a period of one year from the date of receipt/production of a copy of this order. If the trial of the petitioner, however, is not concluded solely for the laches on the part of the prosecution in the aforementioned period, he will have liberty to initially move the trial court which will then record 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.)