IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41950 of 2010 PRABHU MALLAH @ PRABHU CHAUDHARY, SON OF LATE SATYA NARAYAN CHAUDHARY, RESIDENT OF VILLAGE-MACHHUATOLI, POLICE STATION-RAKSAUL, DISTRICT-MOTIHARI, PRESENTLY RESIDENT OF LODIPUR P.S. MANER, DISTRICT- PATNA. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Akhauri Kamal Kishore Sahay (Advocate) For the State : APP. ----------- 03/ 12.01.2011 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The grievance of the petitioner is that though argument on his behalf had already been made and the case was fixed for judgment but as one of the accused did not appear on the date fixed, the judgment could not be pronounced. It has been submitted that due to evasion of one of the accused judgment is not being pronounced and as such the petitioner should not be kept in custody. Heard the submissions of learned Counsel for the petitioner and learned Counsel for the State. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. 2 The trial court is directed to separate the trial of the petitioner and disposed of the same as early as possible. Let a copy of this order be transmitted to learned Additional Sessions Judge, Fast Track Court-III, Patna at once in connection with Sessions Trial No. 1322 of 2004 arising out of Digha P.S. Case No. 33 of 2004. kksinha/- (Shyam Kishore Sharma, J.)