IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39767 of 2009 Radheshyam Chaudhary, Son of Shri Sharkar Chaudhary, Resident of Village Dhumnagar, P.S. Shikarpur, District West Champaran. --------- Petitoner Versus The State of Bihar --------- Opp. Party ----------- 2 18.11.2009 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner for bail in this application is based on his defence that even when he was granted regular bail by this Court by an order dated 15.9.2006 in Cr. Misc. No. 33500 of 2006 for an offence under Section 395/396/397 of the Indian Penal Code, he had to go to Punjab as a result whereof, he could not appear in the Court even on a single date after being released on bail under the order of this Court. It is the case of misuse of privilege of bail and when this Court would find that the petitioner had to be arrested after being declared an absconder and the petitioner cannot even claimed that he was not aware of the pending trial, inasmuch as, while he was in custody, the charges were framed against him on 30.6.2006, this Court is not inclined to grant bail to the petitioner for the 2 present. Accordingly, the prayer for bail of the petitioner, namely, Radheshyam Chaudhary is rejected. The trial court, however, is directed to ensure that the trial of the petitioner is completed within a period of nine months from the date of receipt/production of a copy of this order and if the trial of the petitioner would not be completed in the aforementioned period, he would renew his prayer for bail initially before the trial court which would be under obligation to spell out reasons for not concluding the trial within the aforementioned period and thereafter only, the petitioner may renew his prayer for bail before this Court. Rsh (Mihir Kumar Jha, J.)