IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34573 of 2010 BAKIL YADAV Versus THE STATE OF BIHAR ----------- 04. 05.01.2011 Heard learned counsel for the petitioner, informant and the State. This is repeat application filed on behalf of the petitioner seeking bail in a case instituted under Section 302 of the Penal Code. Earlier his prayer for bail stood rejected by order dated 08.09.2009 passed in Cr. Misc. no. 12681 of 2009 (Annexure-1). Considering the fact that petitioner was in custody since 25.05.2008, he was granted liberty to renew prayer for bail after 10 months if substantial progress is not achieved at the trial. A status report was called for which has been sent to this Court and is placed at Flag-A. From perusal of the report it appears that two of the co-accuseds of the present case (Sessions Trial no. 182 of 2010) are still absconding, as a result whereof, the Court below has not been able to proceed with the trial. Learned counsel for the informant submits that the allegation is direct against the petitioner and one Arun Yadav. It is submitted that the aforesaid accused Arun Yadav had approached this Court for bail which was refused by order dated 23.12.2009, passed in Cr. Misc. no. 41294 of 2009 with a liberty to renew prayer for bail after a year if the trial is not concluded within the aforesaid time. 2 Having regard to the submissions advanced on behalf of the parties and after going through the materials on record, this Court while declining the prayer made on behalf of the petitioner disposes of the present application by the following order:- Let trial Court endeavour to take up the trial and conclude the same by examining all the prosecution witnesses within a period of 08 months, from the date of receipt/ production of a copy of this order, failing which petitioner shall have liberty to renew prayer for bail in the Court below itself which shall be considered and disposed of in accordance with law uninfluenced by the present order. Sym ( Kishore K. Mandal, J.)