IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38490 of 2009 SUBHASH KUMAR S/o Sri Upendra Prasad @ Golden Rai resident of Mohalla Pankadtar, Mainpura PS Patliputra Dist. Patna Petitioner Versus THE STATE OF BIHAR Opposite party -------- 05/ 16.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. 2. This petition has been filed for enlarging the petitioner on bail who is accused in Patliputra P.S. Case no.136 of 2002 for offences punishable under section 302/34 of the Penal Code as well as section 27 of the Arms Act. 3. Learned counsel for the petitioner submits that since other co-accused Chandi Lal and Durga had obtained bail orders on the basis of a forged copy of fardbeyan he is not taking the plea that since other accused with similar allegation have been enlarged on bail the petitioner should also be enlarged on bail. However, he submits that on merit of his own case, the petitioner deserves to be released on bail as he is in custody for more than four years and in spite of repeated directions of this Court, the trial has not concluded as yet. 4. It appears that the petitioner had moved this court on several occasions. Firstly he filed Cr. Misc. no. 6914 of 2006 which wad dismissed on 28.03.2006 with a direction to the court below to expedite the trial and conclude the same as early as possible preferably nine months from the date of receipt of a copy of the said order. Thereafter he filed Cr. Misc. no.10004 of 2007 which was - 2 - also dismissed by a bench of this court on 30.03.2007 directing the court below to conclude the trial within nine months from the date of receipt of the said order. 5. The petitioner again filed Cr. Misc. no. 15624 of 2008 for the same relief but it was dismissed on 13.04.2009 holding that there was no convincing reason to release the petitioner on bail. Now again within six months of the said order, instant petition for the same relief has been filed on the ground that in spite of the first two orders of this court, the trial has not been concluded by the learned Additional Sessions Judge XII, Patna. 6. Pendency of the trial is a different matter but in the last order of this court passed on 13.04.2009, a bench of this court has not found any convincing reason to release the petitioner on bail. Nothing has changed since then. In the circumstances, this petition bearing Cr. Misc. no. 38490 of 2009 is dismissed. The trial court is directed to expedite the disposal of the trial expeditiously without any further delay. shahid (S.N.Hussain, J)