IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11965 of 2009 MAHESH PRASAD @ MAHESH YADAV son of Sri Mishri Yadav, resident of village- Paharpur, P.S.- Cahndi, District- Nalanda. Versus STATE OF BIHAR ----------- 4 17.08.2009 Heard learned counsels for the petitioner and the State. The offence alleged is under sections 302, 201 of the Indian Penal Code. Petitioner has approached this Court trice for grant of bail in Cr. Misc. Nos. 12795 of 2005, 20403 of 2006 & 24947 of 2007, which were rejected as per the orders dated 30.06.2005, 11.10.2006 & 18.04.2008 (Annexure-1) respectively. This is the fourth attempt. It is submitted on behalf of the petitioner that the petitioner is in custody since 11th May, 2004 and the trial of the case is not concluded as yet. A report was called for by this Court as per the order dated 18.05.2009 with regard to the status of the Sessions Trial No. 818 of 2005 arising out of Fatuha P.S. Case No. 60 of 2004. A report dated 23rd of May, 2009 has been received. The trial Court has reported that out of twelve witnesses three have been examined and an application has been filed by the Addl. P.P. conducting the prosecution case that he is not proposing to examine six witnesses who are said 2 to have been gained over, and for rest of the witnesses Dasti summons were issued for their production. Learned counsel for the petitioner submits that the witnesses against whom dasti summons were issued, have not been examined as yet. Considering the above, the Additional Sessions Judge, IXth, Patna before whom the S. Tr. No. 818 of 2005 arising out of Fatuha P.S. Case No. 60 of 2004 is pending is directed to expedite the trial of the case and take all steps available in law for examination of rest of the witnesses without delay. Taking into consideration the nature of allegations and the stage of trial, I do not find any justifiable ground to take a different view of the matter. As such, the prayer for bail is rejected. Manish/- (Shailesh Kumar Sinha,J)