IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42742 of 2009 MUNDER MISTRY @ MUNDRIKA MISTRY @Munider Mistry, son of Jangi Mistry, resident of village Jinpura, P.S. Paliganj, District Patna. Versus STATE OF BIHAR ----------- 2 14/12/2009 Heard counsel for the petitioner and counsel for the State. This is a case of misuse of privilege of bail. The petitioner facing allegation for the offence under section 302 and other allied sections of the Indian Penal Code, in fact, was granted bail by the court below itself by order dated 29.5.1988, but then he remained absconding and ultimately had surrendered on 29.3.2009. Counsel for the petitioner would submit that there is omnibus allegation against the petitioner and that the petitioner is aged about 90 years, as such he may be released on bail on any reasonable terms and conditions. In the opinion of this Court the petitioner will no longer be entitled for any equity, inasmuch as, it is he who has sufficiently delayed the trial by remaining absconding. The petitioner, in fact, had been away from the court in one way or other for a period of 21 years and therefore merely because the petitioner is now in custody for a period over seven months that would not be a ground for directing him to be released on bail till completion of trial. 2 This is a case of the year 1988 and the Sessions Trial of the year 1997, therefore, this Court would direct the court below to ensure that trial of the petitioner is concluded within a period of six months from the date of receipt/production of a copy of this order. If for any reason trial of the petitioner is not concluded and that too totally attributable to the prosecution, the petitioner will be at liberty to move the court below for grant of bail and the court below will record reasons for not concluding the trial, whereafter only the petitioner may renew his prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)