IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27016 of 2009 BISHWANATH SINGH Son of Ram Naresh Singh, Resident of Village-Maharajganj, P.S. Bikramganj, District-Rohtas. Versus STATE OF BIHAR ----------- 3 17/9/2009 Heard counsel for the petitioner and counsel for the State. Petitioner claims to be released on bail on the basis that his case stands on the same footing as that of co-accused Bhagwan Dusadh who was enlarged on bail by order dated 22.5.2009 in Cr. Misc. No.17714 of 2009. At least from the order granting bail to co-accused Bhagwan Dusadh it is not clear as to whether he was also having criminal antecedent as has been found against the petitioner recorded in paragraph 61 of the case diary where petitioner is shown to be accused in one case under sections 395/397 and other under section 307 of the Indian Penal Code. That being so, it is difficult for this Court to hold that case of the petitioner stands on the same footing as that of co- accused Bhagwan Dusadh. Petitioner is in custody w.e.f. 4.4.2009 and therefore if trial of the petitioner is not concluded within a period of one year from today he will have liberty to move the trial court for grant of bail and in case trial court would find that trial of the petitioner has not proceeded on account of laches/lapses solely attributable to the prosecution it would consider case of the petitioner for grant of 2 bail. On the other hand, if it is found that trial of the petitioner would not be concluded on account of laches/lapses on the part of defence, prayer for bail of the petitioner would be rejected by the trial court by recording reasons thereof and in such event the petitioner shall have liberty to move this Court. Abhay Kumar (Mihir Kumar Jha, J.)