IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42769 of 2009 RAJU KEWAT @ KALIA, son of Ram Prit Kewat, resident of Guljarbagh, Dadar Mandi, P.S. Alamganj, District Patna Versus STATE OF BIHAR ----------- 2. 15.12.2009 Heard counsel for the petitioner and the counsel for the State. The prayer for bail of the petitioner for an offence u/ss 395/ 412 of the Indian Penal Code is sought on the ground that the petitioner was not named in the F.I.R. and that the other co-accused including one who had given the name of the petitioner in his confession before the police has been already granted bail by this Court. This Court would find that there has been recovery of handbag in question which was subject matter of robbery as clearly spelt out in the F.I.R. itself. That apart even though the petitioner is in custody since 2.10.2003 and in fact has been remanded from another case as clearly mentioned in the order dated 23.3.2006 rejecting the prayer for bail of the petitioner, no effort has been made to spell out the criminal antecedent of the 2 Surendra/ petitioner. The fact that the petitioner wants to suppress his criminal antecedent is itself good enough for rejection of his prayer for bail but then there is also recovery of bag in course of dacoity, this Court is not inclined to grant bail to the petitioner. The cases of three co-accused obviously are on different footing, inasmuch as nothing has been recovered by way of stolen properties from those persons. Considering all these aspects while this Court would reject the prayer for bail of the petitioner it would still direct the trial court to ensure that the trial of the petitioner is expedited and concluded preferably within a period of nine months from the date of receipt/ production of a copy of this order. If for any reason the trial of the petitioner is not concluded in the aforementioned period the petitioner shall have the liberty initially to move the trial court which then would record reasons for not concluding the trial, whereafter the petitioner may renew his prayer for bail before this Court. (Mihir Kumar Jha,J.) 3