IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25637 of 2009 Ram Babu Paswan, Son of Mahavir Paswan, Resident of Village Jitbarpur Nijamat Nunfar, P.S. Samastipur (Muffasil), District Samastipur. --------- Petitioner Versus The State of Bihar ------- Opposite Party ----------- 2 9.9.2009 Heard counsel for the petitioner. Considering the fact that there was an unequivocal statement on the part of the petitioner in paragraph no.14 of the earlier bail application (Cr. Misc. No. 50247 of 2008) to the effect; “That the petitioner has no any Criminal antecedent”, this Court would not find any explanation of the petitioner now being given in this application for being enlarged on bail. As a matter of fact, this Court would find that if the explanation of the petitioner in this case is accepted, the person swearing affidavit, namely, Dharam Paswan, the younger brother of the petitioner, would become accused for swearing not only a false affidavit but committing purgery. The petitioner is an accused for an offence under 2 Section 395 & 412 of the Indian Penal Code and if there be his criminal antecedent, he would not be entitled for bail for the present specially when he has remained in custody from 25.6.2008 only. The trial court, however, taking into account that the petitioner is in jail for almost fifteen months, must take immediate step for commencement of trial so that the same gets concluded within a period of nine months from the date of receipt/production of a copy of this order. If the trial, however, is not concluded within the aforementioned period, the petitioner will have liberty to move court below which will record reasons for not concluding the trial, whereafter only, the petitioner will have a right to renew his prayer for bail in this case. Rsh (Mihir Kumar Jha, J.)