IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41075 of 2010 SHANKAR SAHNI son of Jugeshwar Sahani, Resident of village-Gurmi, P.S.-Mushahari, District-Muzaffarpur. Versus STATE OF BIHAR ----------- 2. 4.1.2011. Heard Mr.K.N.Diwakar, learned counsel for the petitioner and Mr.Anis Chandra, learned Additional Public Prosecutor appearing on behalf of the State. The petitioner, who is in custody in connection with Gaighat P.S. Case No.138 of 2001 (S. Tr. No.509 of 2010) for the offences under section 302 and other allied sections of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner, while pressing the bail petition submits that in this case one of the co-accused, namely, Ashok Mahto @ Ashok Kumar Singh was put on trial. However, he has been acquitted by judgment and order dated 19th March, 2008 passed in Sessions Trial No.555 of 2004. In this case altogether four witnesses have been examined but none of them have supported the prosecution case and the petitioner is in custody since 4.7.2010. It has further been submitted that during trial summons has been issued to the witnesses, who are now no more and, as such, the trial will unnecessary be delayed. Learned Additional Public Prosecutor appearing on behalf of the State, while opposing the prayer for bail of the petitioner, has submitted that the petitioner was absconder. From the judgment and order dated 19th March, 2010 2 passed in Sessions Trial No.555 of 2004 whereby co-accused Ashok Mahto was acquitted, it appears that charge sheet was submitted on 7.1.2002 showing the petitioner as absconder. It further appears that process under section 83 of the Code of Criminal Procedure was issued and in the case trial is going on. Accordingly, the court is of the opinion that it would not be proper to extend the privilege of bail to the petitioner at this stage. Accordingly, prayer for bail of the petitioner is rejected. However, keeping in view the fact that the petitioner is in custody since 4.7.2010, it is desirable to direct the court below to proceed with the case expeditiously so that the case may come to its logical end without unnecessary delay. Md.S. ( Rakesh Kumar, J.)