IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26099 of 2009 Ajay Kumar @ Ajay Singh, Son of Sri ramasish Singh, Resident of Village Sarawarpur, Police Station Tariyani, District Sheohar. -------- Petitioner Versus The State of Bihar ----------- Opp. Party ----------- 2 9.9.2009 Heard learned counsel for the petitioner and counsel for the State. While it is true that the petitioner’s bail application was rejected earlier by this Court where a liberty was given to the petitioner to renew his prayer if his trial is not concluded within a period of one year, the prosecution also does not seem to be lagging behind, inasmuch as, out of twenty-eight witnesses, eleven of them have already been examined. This Court, however, would find that the prosecution, in a case where the petitioner is languishing in custody for almost three years, must speed up its action and do the needful specially when co-accused Sunil Kumar Singh, Ajay Kumar, Sanjay Singh are also in custody. Accordingly, this Court would direct the trial court to ensure that the trial of the petitioner is concluded positively within a 2 period of nine months from today in which remaining fifteen witnesses must be examined, the argument must be concluded and the judgment must be pronounced. In the event, the trial court would not be in a position to conclude the trial in the aforementioned period of nine months, it will favourably consider the prayer for release of the petitioner on bail, if it would find that it is the prosecution, whose laches or lapse, has resulted into the pendency of the trial against the petitioner. With the aforesaid observations and directions this application is dismissed. Rsh (Mihir Kumar Jha, J.)