IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6443 of 2010 PAPPU SINGH son of late Dip Narayan Singh, resident of village- Bhawanpur, P.S.-Adapur, Dist.-East Champaran. Versus STATE OF BIHAR ----------- 2. 11.3.2010. Heard Mr. Satish Kumar, learned counsel for the petitioner and Mr. Uma Shanker Prasad Singh, learned APP for the State. The petitioner is in custody in connection with Adapur P.S. Case No.45 of 2004 corresponding to Sessions Trial No.1090 of 2004 registered for the offence under section 302/34 of the Indian Penal Code. Allegation against the petitioner is that he was the main assailant in the occurrence in which grand son of the informant was murdered by cutting his throat. From the impugned order, which was passed in the year 2008, it appears that trial is going on. Learned counsel for the petitioner submits that despite the fact that the petitioner is in custody since 2.7.2004, the prosecution is not taking any sincere efforts to get the trial concluded. He submits that in this case three witnesses have been examined and last witness was examined on 19.9.2007. Thereafter prosecution is not at all taking any step to examine the witnesses. Keeping in view the fact that the petitioner is main assailant and the trial is going on, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Since the petitioner is in custody from the year 2004, it 2 would not be proper to put the petitioner behind the bar indefinitely without conclusion of the trial. Accordingly, it is desirable to direct the trial court to conclude the trial expeditiously preferably within a period of nine months from the date of receipt/production of a copy of this order. If the trial is not concluded within a period of nine months, the petitioner shall be at liberty to renew his prayer for bail with a condition that the defence may not take unnecessary adjournment only with a view to circumvent the present order. As prayed for, let this order be communicated to the court below through fax at the cost of the petitioner. Md.S. ( Rakesh Kumar, J.)