IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32280 of 2010 MD.ALTAF son of Md. Shasrif, resident of village Chak Haider, P.S. Tajpur, District Samastipur, at present Sahganj Mohmadi Chak P.s. Kadamkuan, District Patna. Versus THE STATE OF BIHAR . ----------- 2 6.10.2010 Cr. Misc. No.32280 of 2010. For the reasons mentioned in this application, prayer for restoration of Cr. Misc. No. 13189 of 2010 is allowed. Cr. Misc. No.13189 of 2010. Prayer for bail of the petitioner was earlier rejected by a reasoned order dated 19.11.2009 in Cr. Misc. No.39831 of 2009. Since the case has already been disposed of on merits there will be no question to go into the question of merits of the case. Considering the present fact that the petitioner claims that he has got no criminal antecedent, this Court would direct the court below to ensure that trial of the petitioner is taken up expeditiously and concluded the same within a period of nine months from the date of receipt/production of a copy of this order. This has become necessary also because not only the petitioner but other accused persons including Md. Rijwan and Manoj Manjhi are also said to be languishing in custody. If, however, trial of the petitioner is not concluded within the aforementioned period of nine months solely on the ground of laches on the part of the prosecution, the petitioner will have liberty initially to move the trial court which will record reasons for not concluding the trial, whereafter the petitioner may 2 renew his prayer for bail before this Court. With the aforementioned observation this application is dismissed. Let a copy of this order be immediately sent to the court below. Abhay Kumar ( Mihir Kumar Jha, J.)