IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31322 of 2009 PRABHU MALLAH @ PRABHU CHAUDHARY SON OF LATE SATYA NARAYAN CHAUDHARY RESIDENT OF VILLAGE MACHHUATOLI,P.S.RAKSAUL,DISTT.MOTIHARI PRESENTLY RESIDENT OF LODIPUR,P.S.MANER,DISTRICT PATNA Versus THE STATE OF BIHAR ----------- 03/ 28.10.2009 Heard learned counsel for the parties. The petitioner seeks bail in Digha P.S.Case No. 33 of 2004 (Sessions Trial No. 1322 of 2004). The prayer for bail of the petitioner was earlier rejected twice. The grievance of the petitioner is that despite passage of about five and half years, the trial has not been concluded and there is no possibility that the trial will be concluded in near future. By order dated 16.9.2009 a report regarding stage of trial was called for which has been received. From the report it appears that out of 15 prosecution witnesses, 6 have already been examined and now a days, the court is vacant. Sessions Judge, Patna is advised to transfer the case to a running court so that the trial is concluded expeditiously considering the fact that the petitioner is 2 in custody since long. Considering the facts and circumstances of the case, I am not inclined to reconsider the prayer for bail of the petitioner. Accordingly, his prayer for bail is again rejected. However, if the trial is not concluded within one year from the date of transfer of the case, the petitioner may move the court below for grant of bail. Tahir/- ( Shyam Kishore Sharma, J.)