IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36148 of 2009 Gorakh Paswan S/O Late Bhikhari Paswan, Resident of Vill.- Ekgarhi, P.S.- Gopalpur, Distt.- West Champaran. ----------- Petitioner Versus The State of Bihar --------- Opp. Party ----------- 2 4.11.2009 Heard counsel for the petitioner and counsel for the State. The petitioner facing prosecution for an offence under Section 302 of the Indian Penal Code and allied offences, even though after being named in the First Information Report lodged in the year 1996 giving rise of Gopalpur P.S. Case No. 43 of 1996, has remained absconding for a period of almost 13 years and was remanded in this case only on 9.4.2009. Counsel for the petitioner would submit that the other co-accused persons have been released on bail by this Court. He, however, is not in a position to say that whether they also had been absconding like the petitioner. Taking all the aforementioned aspects into consideration, this Court is not inclined to grant bail to the petitioner and accordingly, the prayer for bail of the 2 petitioner, namely, Gorakh Paswan is hereby rejected with a direction to the trial court to ensure that the trial of the petitioner is expedited and concluded preferably within a period of one year from the date of receipt/production of a copy of this order. In the event, the trial of the petitioner shall not be concluded in the aforementioned period of one year, he will initially move the trial for grant of bail and the trial court would be under obligation to spell out the reasons for not concluding the trial within the aforementioned period and thereafter only, the petitioner may move this court with a prayer for bail. Rsh (Mihir Kumar Jha, J.)