IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16278 of 2010 Shivjee Yadav, s/o late Balak Yadav, resident of Village Tartar, P.S. Ghoswari, District Patna. -------- Petitioner Versus State of Bihar ----- Opp. Party ----------- 2 07.10.2010 Having heard Mr. Yogesh Chandra Verma, learned counsel for the petitioner and counsel for the State and taking into account that the prayer for bail of the petitioner relating to an offence under Section 395 of the Indian Penal Code has been earlier rejected on merit, there would be no occasion for this Court to again re-consider such prayer on merit. Mr. Verma would submit that the petitioner is in custody since 11.9.2008 and the trial has not made any headway in a space of last two years. If that be so, this Court would direct the trial court to ensure that the trial of the petitioner is positively concluded within a period of one year from the date of receipt/production of a copy of this order. It is also made clear that if the trial of the petitioner is not concluded due 2 to laches on the part of the prosecution, the petitioner will have liberty to move initially the trial court, which then would record reasons for not concluding the trial within the aforementioned time limit, whereafter, the petitioner may renew his prayer for bail before this Court. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)