IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42142 of 2009 BIKHDAR YADAV @ BIGDHAR YADAV Versus STATE OF BIHAR ----------- 02/ 09.12.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Sessions Trial No. 1537 of 2005 arising from Kahalgaon (Antichak) P.S. Case No. 215 of 2005 for offences punishable under Sections 341, 323, 147, 148, 149, 448, 504 and 307/34 of the Indian Penal Code. Later on Section 302 was also added upon the death of the one of the inured. Substance of allegation as set out in the F.I.R. is that this petitioner along with one Vijay Yadav attacked the son of the informant by means of lathi and gave him severe blows on his stomach grievously injuring him. It is alleged that thereafter during course of treatment the son of the informant Yogesh Yadav succumbed to his injuries. Learned counsel submits that the allegation against this petitioner is of attacking to the deceased is not entirely against this petitioner rather one Vijay Yadav has been made assailant. Learned counsel further submits that the case has been put on trial and evidence of several witnesses has been carried out. Learned counsel also 2 submits that the petitioner is in custody since 4.8.2005 and thus he is entitled for being released on bail. Having regard to the circumstances that the trial of the case is already under way and witnesses have been examined, I am not inclined to release the petitioner on bail. His application is rejected. Let trial Court expedite the trial of the case and conclude the trial expeditiously, preferably within a period of nine months from today. S.Sb/- (Jyoti Saran, J.)