IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17635 of 2008 GANESH PANDIT Versus STATE OF BIHAR ----------- 3. 3.7.2008 Heard. The prayer for bail of the petitioner was dismissed twice once in Cr.Misc.No.48699 of 2006 and on the other occasion in Cr.Misc.No.52820 of 2007. The order in the later miscellaneous petition was passed directing the petitioner to approach the lower court as the court wanted to know as to what developments had taken place in investigation or of the trial. The rejection order dated 19.3.2008 passed by the court below does not indicate much except that the prayer for bail of the petitioner was dismissed and that the court while dismissing the petition for discharge of the accused came to a finding that there were sufficient materials indicating the commission of an offence under Section 302/34 IPC by the accused persons. As may appear from the order passed in Cr.Misc.No.48699 of 2006 the petitioner is the assailant of the deceased and there is no change in that position even after going through the - 2 - case diary. What has been contended by the learned counsel for the petitioner is that the deceased had come out from jail only three days prior to the occurrence and was harassing the petitioner for extorting money so as to purchasing toddy or some other drink. There had been some quarrel in the day as well and at about 11.30 in the night while the family inmates including 16- year- old daughter of the petitioner were there the deceased came and sat in the cot of the young lady upon which she raised cry and this petitioner beheaded the deceased with a sword. There is support of the defence story in some of the paragraphs like 46, 47, 53 and 54, the lady being examined in 53, but on perusal of the place of occurrence which is described in paragraph 14, I find that there was no cot found at the spot. There was some blood there and the dead body was also lying there, considering which the prayer is dismissed. Before I parting with the present order it is noted that the Presiding Officer of F.T.C.No.II, Vaishali at Hajipur appears not a diligent officer and does not care for the - 3 - liberties of a person. The man is in lying in custody since last two years and the officer is taking his own time in framing the charges only when this court is desirous of knowing as to what was the development in the case. The court is not happy with the things as have happened in the court below as regard the trial. The trial must be concluded within nine months at any rate whereafter the petitioner may renew his prayer for bail. B.Kr. ( Dharnidhar Jha, J. )