IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43374 of 2008 BAJRANGI MALI Versus STATE OF BIHAR ----------- 2 26/11/2008 Heard counsel for the petitioner. Prayer for bail of the petitioner was earlier rejected on merit by order of this Court dated 9.5.2008 in Cr. Misc. No.4057 of 2008 (Annexure-1). In this application renewing prayer for grant of bail only two fresh materials have been disclosed, namely, that seven more persons have been made co-accused under section 319 of the Code of Criminal Procedure, which eventually would delay disposal of the trial. The order of this Court dated 30.7.2008 passed in Cr. Misc. No. 26900 of 2008 has been enclosed to show that other co-accused have been since granted bail and therefore the petitioner deserves to be released on bail. First ground was available on the day prayer for bail of the petitioner was rejected, in as much as, seven persons have been made co-accused under section 319 of the Code of Criminal Procedure on 28.4.2008. This cannot therefore be a fresh material. 2 Sofar order dated 30.7.2008 in Cr. Misc. No. 26900 of 2008 is concerned, same on the very look is not the order on similar ground, in as much as, petitioners were father, mother, maternal uncle and other family members of the deceased and not the husband who is petitioner in this case. Case of the petitioner therefore stands entirely on different footing. However, keeping in view that the petitioner is in jail custody since more than 1-1/2 years, the trial court must take steps to ensure that the trial is disposed of within a period of six months from today. It is made clear that if other co-accused who have been summoning under section 319 of the Code of Criminal Procedure are in any way found responsible in prolonging the trial, their bail bonds may be cancelled and they be taken into custody. The trial must be concluded within a period of six months from the date of receipt/production of a copy of this order. In the event the trial is not concluded within the aforesaid period of six months, the petitioner will move the court 3 below. This time the court below must indicate in its order as to why and under what circumstances trial has not been concluded. With the aforementioned observations directions this application is dismissed. (Mihir Kumar Jha, J.) Abhay Kumar