IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31540 of 2008 ----- Mantun Yadav, son of Dhodho Yadav, Resident of Village-Laxmipur, Kalyanpur, P.S.Barahiya, District Lakhisarai. -- Petitioner Versus The State Of Bihar -- Opposite Party ----------- 06. 18.02.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code. His earlier petition for bail bearing Cr.Misc.No.27662 of 2007 had been rejected by this court vide order dated 16.07.2007 on the ground that specific allegation is that on the orders of one co- accused Dhodho Yadav, petitioner and another accused fired at the deceased which was seen by the informant himself. Learned counsel for the petitioner submits that although the allegation is that two accused persons, including the petitioner, fired at the deceased resulting into his death, but from the postmortem report it is quite apparent that the deceased was hit only by one gun shot. He further submits that the petitioner is in custody for more than two years and two months and the trial is not proceeding, although charges had been framed as far back as on 31.10.2007. In the instant case, earlier vide order dated 06.08.2008, a report was called for from the learned trial court regarding the position of Sessions case No.506 of 2007. A report dated 06.02.2009 has been received from the learned Addl.Sessions Judge-Fast Track - 2 - Court III, Lakhisarai, stating that after the charges were framed, the session case is pending for evidence and the next date is 27.02.2009. Considering the aforesaid facts and circumstances, the learned court below is directed to take all legal and appropriate steps in accordance with law for calling the witnesses for their evidence and if they do not appear to take further steps in that regard as provided in law. With the aforesaid observation/direction, this petition is dismissed. However, if within a period of one year, the session trial is not concluded, the petitioner will be at liberty to move this court again. Sunil (S. N. Hussain, J.)