IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 22821 of 2011 Nandu Ram, S/o Sri Jagan Ram. Versus The State of Bihar ----------- 03. 22.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 397 of the Indian Penal Code. By order dated 26.11.2010 the petitioner was refused bail because he was identified in test identification parade. The petitioner has renewed his prayer for bail on the ground that there is undue delay in trial upon which a report was called for from the Trial Court and it appears that on account of prosecution lapses the trial has not proceeded satisfactory. One of the reasons is that the case is lying in vacant Court. I am not inclined to review the earlier order. The prayer for bail is once again rejected. The District and Sessions Judge, Aurangabad is directed to immediately transfer the present case as well as the connected case to a Court which is occupied and from henceforth he will take care that no case in which an accused is in custody is left in Court which is not occupied. Thereafter, the Trial Court is directed to send a list of witnesses fixing specific dates to the S.P. concerned along with the copy of this order who will ensure the attendance of the witnesses on the said dates so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.)