IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41008 of 2009 GOPALI SAH, son of late Masahara Sah, resident of village Sripur Sukhashan, P.S. Kishanpur, District Supaul Versus THE STATE OF BIHAR ----------- 3. 2.4.2010 Heard Mr. Anil Kumar Mukund, learned counsel for the petitioner and the counsel for the State. The prayer for bail in an offence under sections 302/201/34 of the Indian Penal Code was rejected on merits by an order dated 15.9.2009 in Cr.Misc.No. 32653/2009. Though there was no such liberty given to the petitioner to renew his prayer counsel for the petitioner would submit that he has still a case on merit, inasmuch as on an earlier occasion when the bail application of the petitioner was filed the fact with regard to grant of bail to other co-accused persons having graver allegation could not be brought to the notice of this Court. In the opinion of this Court the order which was passed on an earlier occasion while rejecting the prayer of the petitioner on merits had considered the complicity of the petitioner in the offence 2 Surendra/ alleged in a graphic manner and therefore, if the earlier order passed by this Court dated 24.4.2009 in Cr.Misc.No. 5963/2009 with regard to grant of bail to some other co-accused was not taken note of, that by itself would not be a ground to review the order passed earlier. That being so, this Court would find no reason to take a different view and accordingly, the prayer for bail is rejected. At this stage Mr. Mukund would submit that despite there being observation to expedite the trial of the petitioner nothing has been done by the trial court. Let this aspect be brought to the notice by the petitioner before the trial court and the trial court in the event would find that there is no laches on the part of the prosecution, it would proceed to conduct the trial and conclude the same as early as possible, preferably within a period of one year from today. With the aforementioned observation and direction, this application is dismissed. (Mihir Kumar Jha,J.) 3