IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35851 of 2009 BIJENDRA YADAV, son of Yadunandan Yadav, resident of village Doulta, P.S. Dhanarua, District Patna Versus STATE OF BIHAR ----------- 2. 28.10.2009 Heard counsel for the petitioner and the counsel for the State. True it is that the petitioner is in custody for more than seven years in connection with an offence u/s 302 and other allied offences of the Indian Penal Code, but then the nature of allegation against him in the F.I.R. also corroborated from the Postmortem report would put him in the category of the main assailant. In that view of the matter, this Court is not impressed with the submission that the co-accused Arbind Yadav has been granted bail against whom there was an allegation that after the petitioner had given fatal gun shot injury he alongwith one Barhu Yadav had cut the neck. This Court would find that Barhu Yadav’s bail application has been rejected on two occasions, the last one being order dated 4.9.2009 in Cr.Misc.No. 28273/2009. That being so, the prayer for bail of the petitioner is rejected but at the 2 same time having found from the impugned order itself that six of the witnesses have already been examined and the trial of the petitioner is almost at the verge of completion and is awaiting examination of the Investigating Officer, it would direct the trial court to ensure that the trial of the petitioner is concluded within a period of six months from the date of receipt/ production of a copy of this order. The petitioner will have a liberty to renew his prayer for bail in case the trial is not concluded in the aforementioned period. (Mihir Kumar Jha,J.) Surendra/