IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25130 of 2010 MD.JANI son of Md. Shamim, resident of village Chhoti Nagla, Police Station Malsalami, District Patna, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Rudra Deo, Advocate For the State : Mr. U.S.P. Singh, APP ----------- 2 21.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under sections 302 and 328 of the Indian Penal Code. Petitioner’s prayer for bail has been rejected earlier vide order dated 15.12.2009 passed by this Court in Criminal Miscellaneous No. 6169 of 2009, as contained in annexure 1 to this application. Learned counsel for the petitioner submits that the other boy, Md. Kamil, who was accompanying the deceased, has not been examined by the police. It has been stated on behalf of the petitioner that charges have been framed against the him on 11.05.2010. The petitioner is stated to be in custody since 27.04.2008. Learned counsel for the State submitted that the allegation against the petitioner is that he had administered 2 poison upon the deceased and before dying he had stated this fact to his parents. The viscera report also supports the allegation, as highly poisonous substance known as “celphos” in the sample, which was sent for examination. In view of the gravity of the allegation made in the first information report and the materials collected during the course of investigation, I am not inclined to grant bail to the petitioner. As a result, this application for grant of bail is dismissed. However, since this case has been instituted in the year 2008 and charges have been framed according to the petitioner, let the trial court take every step for expeditious disposal of the trial, preferably within nine months from the date of receipt/production of a copy of this order. It is expected from the Senior Superintendent of Police, Patna to take every step ensuring the presence of the prosecution witnesses on the date fixed by the trial court. Let a copy of this order be handed over to learned counsel for the State for the needful. SC ( Dr. Ravi Ranjan, J.)