IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52378 of 2008 SHYAMDEO PRASAD @ MATLURA PRASAD son of late Natlur Prasad, resident of village Pakadtar P.S. Dhanarua, District Patna … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Tara Kant Jha, Sr. Adv. For the State:Shri Dashrath Mehta,APP ----------- 3. 22.1.2009 I have heard Shri Tara Kant Jha, learned Senior Counsel appearing for the petitioner and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State in this petition which is by way of renewing the prayer which was earlier rejected in Cr. Misc. No. 19758 of 2008. The acts of the petitioner and the allegation based on some documents have been detailed in the order passed in the above noted Cr. Misc. The learned Senior counsel has not touched upon the merits of the matter and has only appealed to reconsider the prayer on the ground that the petitioner is in custody since 16.3.2008 and the trial has not yet started and that the case was fixed for hearing on framing of charges on 20.1.2009. It was contended that the offences were triable by a Magistrate and the petitioner has remained in custody for nearly ten 2 months. If one peruses the earlier order passed by me which is contained in Annexure- 1, one could hardly persuade oneself to accede to the appeal of the learned counsel for reconsidering the prayer. The acts are glaring and the instances are quite clear which relate to manipulating the appointment of Siksha Mitras by removing some part of the documents from the file of certain such persons so as to espousing the unmerit over merit. In that light, the petition is dismissed. However, if the trial is not concluded in a further period of nine months from the date of receipt/production of a copy of this order the court below shall release the petitioner on bail in Dhanarua P.S.Case No.54 of 2007 on his furnishing a bond to its own satisfaction but must assign reasons as to why it could not conclude the trial. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)