IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12312 of 2009 RAM SAGAR RAI @ SAGAR RAI S/O Late Chanai Rai, resident of Village Sisai, P.S. Mashrak, District Saran. Versus STATE OF BIHAR ----------- 6 16/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under section 307 and other allied sections of the Indian Penal Code. Counsel for the petitioner would submit that though there was direct allegation against the petitioner of causing injury by fire arm/Chhura, but injury report would show only one injury and that too by hard and blunt substance. He further submits that there is no material to show that complicity of the petitioner as alleged in the First Information Report was even substantiated at least against him. True it is, that the petitioner’s weapon as alleged in the First Information Report has not resulted in any injury inasmuch as, the doctor had found only lacerated wound on the chest of the injured person which after x-ray has been found to be grievous in nature. Difficulty, however, for the petitioner is that he is facing prosecution at least in 13 other cases and therefore when the petitioner has been named in the First Information Report along with three others and the injury on the person of the victim has been found to be grievous, this Court taking an overall view of the matter is not inclined to release the petitioner on bail. The petitioner, however, is in custody since 17.12.2008 2 and therefore his trial in this case, if the same has already been committed to the court of Sessions, be expedited and concluded within a period of next one year from the date of receipt/production of a copy of this order. In the event, trial of the petitioner is not concluded within the aforementioned period, it will be open for the petitioner to move for grant of bail in the court below which will be under obligation to record reasons for not concluding the trial and only thereafter the petitioner may renew his prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)