IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32065 of 2009 RAKESH KUMAR @ BHAJJU MAHTO @ ANJANI CHOUDHARI S/O Shambhu Mahto, resident of Village-Manpur, P.S. Sare, District-Nalanda. Versus STATE OF BIHAR ----------- 2 10/9/2009 Heard counsel for the petitioner and counsel for the State. All said and done, even if submission of counsel for the petitioner is accepted that the petitioner should be released on bail because co-accused Sanjay Kumar who had made confession and had named the petitioner as also other co-accused including Chhotu Mahto, Niwas Mahto, Sanjeev Kumar @ Sanjeeb Kumar Mahto and Sanjay Kumar @ Munera @ Mundra have been granted bail, such parity can also be given to the petitioner not only for grant of bail but also the period for which co-accused Sanjay Kumar has remained in custody. Counsel for the petitioner submits that co-accused Sanjay Kumar had remained in custody at least for a period of fifteen months and therefore since the petitioner was remanded in this case on 7th February, 2009 he would be entitled for same consideration as is given in the case of co-accused Sanjay Kumar for bail only in the month of May, 2010. That being so, this Court would direct the trial Court 2 to ensure that trial of the petitioner is expedited and if for any laches and lapses on the part of the prosecution trial is not concluded in the year 2010 the trial court shall release the petitioner on bail on 1st June, 2010. Abhay Kumar (Mihir Kumar Jha, J.)