IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10536 of 2009 RUPESH MANDAL, Son of Late Bijoy Mandal, resident of Village Gangania, Fatehpur, P.S. Sultanganj, District-Bhagalpur. Versus STATE OF BIHAR ----------- 3 31/8/2009 The allegation of offence under sections 399/402 of the Indian Penal Code for preparation for dacoity in normal circumstances could have made the petitioner entitled for grant of bail especially when he is in custody for almost two years, i.e. since 24.9.2007. It, however, appears that the petitioner has criminal antecedent and trial against the petitioner and others is pending. That being so, this Court would direct the trial court to conclude the trial within a period of nine months. In the event, trial is not concluded in the aforesaid period the petitioner shall have liberty to initially move before the trial court and the trial court will record reasons for not concluding the trial and only thereafter the petitioner may move this Court for grant of bail. With the aforementioned observation and direction, prayer for bail of the petitioner is rejected. Abhay Kumar (Mihir Kumar Jha, J.)