IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17240 of 2009 ANIK YADAV, SON OF LATE NIKHO YADAV, RESIDENT OF VILLAGE- SANDALPUR, JHAJHA TOLA, P.S. KASIM BAZAR, DISTRICT- MUNGER……………………………. PETITIONER Versus STATE OF BIHAR…………………………………OPP. PARTY ----------- 5 19-1-2011 Heard the parties. From the report of the trial court i.e. Fast Track Court No. IV, Munger dated 6-7th October,2010 it appears that the trial of the petitioner was separated as he was declared absconder and the relevant records were available in Original Sessions Trial No. 408 of 2005 out of which Cr.Appeal No. 916 of 2007 ( DB) was preferred before this Court and on summoning original records have been sent to this Court in connection with the aforesaid Cr.Appeal. For the aforesaid reason the trial of the petitioner vide Sessions Trial No. 408-A of 2005 is still pending. The learned trial court should not have adjourned the trial in a mechanical manner and should have made a request to this Court for sending down 2 the records so as to conclude the trial of the petitioner without any delay. In the facts of the case the prayer for bail is rejected for the present. Since the petitioner is in custody since 5-1-2007 it is expected that the trial court shall make a request for records from this Court within a month and make efforts to conclude the trial within six months from the date of production/communication of a copy of this order. If the trial is not concluded within the aforesaid period of six months, for no fault of the petitioner, in that event he will be at liberty to renew his prayer for bail. Naresh ( Shiva Kirti Singh, J.)