IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37622 of 2009 RANA SINGH son of late Yogendra Singh, resident of village- Dudhaila Gachi, P. S. Sonepur District Saran (Chapra)…. Petitioner. Versus STATE OF BIHAR . ----------- 3. 11.11.2009. Heard counsel for the petitioner and counsel for the State. The prayer for bail of the petitioner was earlier rejected by this Court by a reasoned order dated 19.12.2007 in Cr. Misc. No. 43700 of 2007 wherein this court after taking into account all his possible pleas on merit of the case had found the petitioner to be not entitled for bail and this Court had also not given any other liberty to file a fresh bail application. Counsel for the petitioner would however submit that true it is, there is no fresh ground but then as the petitioner has remained in custody for more than three years and nine months as on date and when the end of the trial also is nowhere in sight, the petitioner would be entitled for being granted bail. There is no denial that the petitioner is in custody for a period of almost four years and there is only one co- 2 accused Anju Devi, wife of the petitioiner who is facing prosecution along with the petitioner, but then the pendency of large number of old cases before the court below could have made the petitioner to wait for taking up trial in seriatim. However, this Court would find that the ambit of prosecution in this case is not large and there are only limited number of witnesses and the two accused persons before the Court below and therefore the trial of the petitioner should be commenced and completed within a period of nine months from the date of receipt/production of a copy of this order. It is made clear that trial court, as soon as it would receive this order would fix dates for appearance of witnesses and ensure that the trial commences as early as possible so that the same is concluded within the aforementioned time limit. If the trial of the petitioner however would not be concluded on account of laches solely attributable to the prosecution within the aforementioned period, the petitioner will have liberty to initially move the trial 3 court for grant of bail and the trial court will be under obligation to spell out reasons for not concluding the trial. Only thereafter, the petitioner may renew his prayer for bail before this court. kanchan (Mihir Kumar Jha, J.)