IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18601 of 2009 1. SUNIL YADAV, son of Sri Naresh Kumar Yadav 2. Sanjay Yadav, son of Sri Naresh Kumar Yadav Both residents of village Meghauna, P.S. Alauli, District Khagaria …. Petitioners Versus THE STATE OF BIHAR …. Opp.Party. ----------- 2. 5.8.2009 Heard Mr. Bamdeo Pandey, learned counsel for the petitioners and the counsel for the informant. The prayer for bail of the petitioners was rejected earlier on 27.3.2009 recording that the petitioners had suppressed the fact with regard to criminal antecedent. Today Mr. Bamdeo Pandey, learned counsel for the petitioners, would submit that though it may be true that the petitioners are facing certain criminal prosecution but that cannot be said to be the criminal antecedent of the petitioners because they are between the agnates and are revolving around the family dispute. In the opinion of this Court, such explanation could have hardly an occasion for filing a fresh bail application considering the petitioners are accused for offence u/s 302/34 of the Indian Penal Code. Considering however the fact that 2 Surendra/ the petitioners are in custody for a period of almost one year, this Court would direct the trial court to ensure that the trial against the petitioners is expedited and if the case has not been committed to the court of Sessions that must be done immediately. As the counsel for the informant also appears in this case and undertakes to adduce evidence on day to day basis, the concerned trial court after commitment of the case may taken up the trial of this case on priority basis and if the prosecution supported by the informant produces evidence it may also resort to by concluding the trial by proceeding on day to day basis. If the trial of the petitioners is not concluded within a period of one year they will have the liberty to initially move the trial court for renewing the prayer for bail and the trial court will record the reasons for not concluding the trial. Only thereafter the petitioners can renew their for bail before this Court. With the aforementioned observations and directions, this application is dismissed. (Mihir Kumar Jha,J.) 3