IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34813 of 2009 Guja Pujhar @ Gujja Pujhar, Son of Rati Pujhar, Resident of Village Dahua Jharna Jangal, Police Station Simultalla, District Jamui. ---------- Petitioner Versus The State of Bihar ------- Opp. Party ----------- 3 07.07.2010 Having heard learned counsel for the parties and perusing the materials on record, this Court is in full agreement with the view taken by the Sessions Judge, Jamui as with regard to the possibility of 164 statement of the daughter of the deceased to be manufactured. This Court would not like to make any further comment, inasmuch as, the injury which has been found on the person of the deceased as recorded in the postmortem report cannot be out of a natural fall on an axe. That being so, when the allegation against the petitioner initially was that of main assailant of having given a fatal blow by axe, this Court would not find any reason to allow his prayer for bail. Accordingly, the prayer for bail of the petitioner, namely, Guja Pujhar @ Gujja Pujhar is hereby rejected and the trial court 2 is directed to ensure that the trial of the petitioner and other co-accused who also is in custody is taken up out of turn if the same has already been committed to the court of sessions. In the event, the trial of the petitioner will not be completed within a period of one and half years from today, he will have liberty initially to move the trial court which then would record its reason for not concluding the trial and only thereafter, the petitioner may renew his prayer for bail before this Court. Rsh (Mihir Kumar Jha, J.)