IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42730 of 2009 ASHOK PASWAN, son of Sri Kuldip Paswan, resident of village Mahuar Khurd, P.S. Buniyadganj, District Gaya Versus STATE OF BIHAR ----------- 2. 14.12.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner facing prosecution for offence u/s 395 of the Indian Penal Code seeks bail on the ground that not only he was not named in the F.I.R., but his identification after more than five weeks of loding of the F.I.R. at the instance of one Subodh Kumar would not inspire confidence as with regard to the alleged role in the occurrence assigned to the petitioner. He would further submit that the petitioner is in custody since 23.4.2008 and therefore, he should be released on bail. This Court would find that the material regarding complicity of the petitioner had been found on 20.3.2005 and ever since then the police was in search of this petitioner, who is said to have also a notorious past, inasmuch as he was facing prosecution for offence u/ss 396 and 394 I.P.C. in two separate cases as recorded in 2 the order of the court below dated 24.2.2009. Counsel for the petitioner, however, has submitted that now the petitioner has been acquitted of the charge in the aforesaid two criminal cases but then he could not furnish any explanation as to how and why the petitioner had remained absconding for a period over three years when his name had already surfaced in connection with the present case. That apart this Court would find that the trial of the petitioner in this case has already commenced and at least one witness had already been examined in the month of February, 2009. In that view of the matter, this Court would direct the court below to ensure that the trial of the petitioner is expedited and concluded preferably within a period of six months from the date of receipt/ production of a copy of this order. With the aforementioned observation, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/ 3