IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26210 of 2009 Subhash Yadav, S/o Raghunandan Yadav, Resident of Village Nima, P.S. Sasaram, District Rohtas. -------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 2.9.2009 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this application for grant of bail for an offence under Section 364A/34 of the Indian Penal Code on the ground of bail granted to co-accused, namely, Sarvajit Yadav on 3.6.2004 in Cr. Misc. No. 15328 of 2004 and Surendra Ram on 25.1.2006 in Cr. Misc. No. 27994 of 2005, Sudama Ram on 29.7.2004 in Cr. Misc. No. 15127 of 2004 can be safely rejected on the ground that all these persons had not taken law into their own hand and had not remained absconding as has been done by this petitioner. There is no explanation whatsoever as to why the petitioner had not surrendered in the year 2004 and chose to do so only in the month of August, 2008. That being so, the case of the petitioner cannot stand on the similar footing specially when it is also on record that the 2 petitioner has a chequered past of having some criminal antecedent. Accordingly, this Court is not inclined to grant bail to the petitioner and the prayer for bail of the petitioner, namely, Subhash Yadav is hereby rejected. Considering the fact that the petitioner has remained in custody for a period of one year and the trial is already in progress, this Court would direct the court below to conclude the trial within a period of nine months from today and in the event, the trial is not concluded within the aforementioned time period, the petitioner will have liberty to initially move the trial court and the trial court would be under obligation to record the reasons for not concluding the trial within the aforementioned time period of nine months and only thereafter, the petitioner may move this Court with a prayer for grant of bail. Rsh (Mihir Kumar Jha, J.)