IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5653 of 2011 DEV PASWAN, SON OF LATE LAL BIHARI PASWAN, RESIDENT OF VILLAGE-FAZALLI CHAK, P.S.-FATHUA, DISTRICT-PATNA. ……….Petitioner. Versus THE STATE OF BIHAR ----------- 2 23.03.2011 The petitioner is in custody since 04.04.2009 in relation to Fathua P.S. Case No.143 of 1995 executed under Section 302, 307, 324, 379/34 I.P.C. and 27 Arms Act. Three persons including a retired judge, a lawyer and another were brutally murdered. Petitioner was named in the FIR and was charge sheeted as an absconder after 15 years he has been apprehended. The Sessions Trial is in progress. Being Sessions Trial No.1161 of 2009 on being separated from the main case which was Sessions Trial No.746 of 1996 because petitioner was absconder. In view of the allegations as made in the FIR which are directed against the petitioner, I am not inclined to entertain this application. This application is dismissed, let the court expedite trial and take all necessary steps to conclude the trial within one month subject to petitioner cooperating. If the trial is not thus concluded petitioner would be free to apply for bail 2 before the Trial Court which will decide on merit. Petitioner claims to be critically sick. It is not in dispute that the petitioner is locked in Beur Central Jail, Patna and is receiving treatment. The Jail Superintendent would consider if situation so demands to refer him to the PMCH under proper scout in accordance with law with permission of the trial court. With these observations the application is stands rejected. PN (Navaniti Prasad Singh, J.)