IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15323 of 2008 NIRBHAY RAI Versus STATE OF BIHAR ----------- 2 12/5/2008 Heard counsel for the petitioner and the counsel for the State. This is a case under section 396 of the Indian Penal Code. Counsel for the petitioner submits that there is no material to connect the petitioner in the offence as alleged, though he is in custody since 31.10.2007. From the records as well as averments made in the bail application it is clear that the trial has already progressed. Counsel for the state submits that eight witnesses have already been examined. He further submits that now only two official witnesses and one more witness are to be examined. Considering the aforementioned submissions and taking into account that the petitioner is an accused for the offence under section 396 of the Indian Penal Code, this Court is not inclined to grant him bail. However, only three witnesses have to be examined and as such this Court is of the opinion that six months time is sufficient to conclude the trial. Accordingly, the trial court is directed to conclude the trial within a period of six months. It is made clear that in case trial is not concluded within a period of six months, the petitioner shall be at liberty to move first the trial court and the trial court will spell out 2 reasons as to why the trial has not been concluded and only thereafter the petitioner may move this Court for bail. With the aforementioned observation the bail application of the petitioner is dismissed. ( Mihir Kumar Jha, J.) Abhay Kumar.