IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46748 of 2008 GANGA SAGAR VISHWAKARMA & ANR Versus STATE OF BIHAR ----------- 2. 3.12.2008 Heard counsel for the petitioners and the counsel for the State. Earlier the prayer for bail of the petitioners was rejected by an order dated 3.9.2008 in Cr.Misc.No. 23194/2008. Counsel for the petitioners while pressing this application filed and pressed within a span of exactly three months has come out with a ground that the accused in the counter case, who is said to have sustained injury in the present case in the hands of the petitioners and in fact had caused injury on the person of petitioner no.1, has already been granted bail by this Court by an order dated 25.9.2008 in Cr.Misc.No. 28612/2008. Relying on the aforementioned order, therefore, a fresh ground has been sought to be made out for release of the petitioners on bail. This Court upon perusal of the materials on record including the F.I.R. of both present case and the counter case in all fairness was inclined to grant bail to 2 the petitioners, but a very disturbing feature of the case which would distinguish the case of the petitioners and the accused in the counter case, namely, Sunil Chaudhary is that the petitioners are having criminal antecedent and are accused at least in five criminal cases as recorded in the impugned order. That being so, this Court is not inclined to grant bail to the petitioners against whom there is a direct allegation of causing gun shot injury which has been also corroborated by the injury report as noticed in the impugned order itself. The trial court is directed to ensure that the trial of the petitioners is expedited and concluded within a period of one year from the date of receipt/ production of a copy of this order. In the event the trial is not concluded in the aforementioned period, the petitioners will be at liberty to initially renew their prayer for bail before the court below and the court below will record reasons for not concluding the trial of the petitioners within the aforementioned period and only 3 thereafter the petitioners would be at liberty to move this Court for seeking bail i.e. on or after 1st of January, 2010. With the aforesaid observation and directions this application is dismissed. (Mihir Kumar Jha,J.) Surendra/