IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56452 of 2007 GANGA PRASAD YADAV @ GANGA RAI @ GANGA BISHUN PRASAD, SON OF LATE RAM AWTAR YADAV, VILLAGE SHAHPUR GARUARI, P.S. BAKHTIYARPUR, DISTRICT..... PATNA...................................................................... PETITIONER Versus STATE OF BIHAR....................................................OPP. PARTY -------------. 8 10-2-2010 Heard learned counsel for the petitioner and learned counsel for the State. On merits petitioner’s prayer for bail has been rejected on several occasions. It is unfortunate that in spite of several directions the trial is lingering at the defence stage although examination of the accused under section 313 Cr.P.C. was concluded before December,2008. The explanation submitted by the Additional District and Sessions Judge-3, Barh for delay in disposal of Sessions Trial No. 999 of 2003 is available on record which shows that after passing of order by this Court on 11-2-2009, the concerned court has been vacant for long period of time and therefore the trial has remained pending at the defence stage. While rejecting petitioner’s prayer for bail once again the District and Sessions Judge, Patna is directed to ensure that the trial in question is assigned to a court which - 2 - is not vacant and the trial court will make all endeavours to conclude the trial within a period of three months from today. In case the trial cannot be concluded within the said period for no fault of the petitioner or the defence, petitioner will be at liberty to renew his prayer for bail. Let a copy of this order be communicated to the District and Sessions Judge, Patna and to the trial court at Barh for proper compliance by fax. ( Shiva Kirti Singh,J) Naresh