IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2969 of 2009 SANJAY YADAV, Son of Ganeshi Yadav, resident of Village- Gajipatta, P.S.- Sonbarsa Raj, District- Saharsa. ----- Petitioner Versus STATE OF BIHAR ----- Opposite Party ----------- 2 11.2.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is an accused in a case under Section 302 and other allied sections of the Indian Penal Code, Section 3(x) of the S.C. & S.T. Prevention of Atrocities Act and Section 27 of the Arms Act. The bail application of the petitioner was earlier rejected on 6.11.2007. Learned counsel for the petitioner submits that the trial has commenced and three witnesses have been examined. It is submitted that the witnesses examined do not specifically state as to how the injury was inflicted although a few name the petitioner and others as persons armed with rifles. It is further submitted that at present the Court of the First Additional District Judge is vacant and as such the trial is at stand still. The District Judge, Saharsa should 2 look into the matter and if possible should transfer the cases to other Fast Track Courts after obtaining permission from the Inspecting Judge of the High Court, if necessary. The District Judge, Saharsa should request the State Government to notify another judge for hearing SC/ST matters so that this case may be disposed of, specially in view of the fact that the present petitioner has remained in custody for 3½ years. This bail application is dismissed. However, the petitioner may move this Court and renew his prayer for bail if there is no progress in the trial within a period of six months. Sanjay (Sheema Ali Khan, J.)