Patna High Court Cr.Misc. No.39211 of 2014 (3) dt.12-11-2014 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No 39211 of 2014 ====================================================== Kedar Pandit @ Kedar Parit son of Phulena Pandit @ Phulena Parit R/o Village - Saidpur, P.S. - M.H. Nagar, District - Siwan. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s WITH Criminal Miscellaneous No 38731 of 2011 ====================================================== Kedar Pandit @ Kedar Parit, son of Phulena Pandit, resident of Village – Saidpora, PS – M H Nagar, District - Siwan .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 3 12-11-2014 Petitioner had moved this Court thrice before for bail without success. He is in custody since 26.10.2010. In the last such attempt, in Cr Misc No 39219 of 2012, while disposing it of on 15.05.2013, this Court observed that if the trial is not concluded within next one and half years and there being no delay attributable to the petitioner, petitioner would be at liberty to renew his prayer for bail. Learned counsel for the petitioner states that charges were framed on 21.04.2011 and, thereafter, there has been no progress in the case and he is in jail. I regret my inability to accept this submission. Registry has pointed out that one of the co-accused Harish Chandra Verma was tried and convicted. Against the said Patna High Court Cr.Misc. No.39211 of 2014 (3) dt.12-11-2014 conviction, he has preferred Cr Appeal (DB) No 88 of 2009 before this Court which has been admitted for hearing and the entire lower Court records have been called for. This happened in the year, 2009 even before petitioner surrendered in the Court below. It is for this reason that the trial Court is unable to proceed with the matter as the entire records are in this Court in the connected criminal appeal. In view of the aforesaid, in such circumstances, I direct that the relevant records of the trial Court, after making copies thereof, as obtaining in the criminal appeal, be immediately, through Special Messenger, sent to the trial Court. The trial Court would conclude the trial within six months from today and, thereafter, return the records to be tagged in the criminal appeal pending before this Court. In case the trial Court is not able to conclude the proceedings within six months, petitioner not be at fault, the petitioner may renew his prayer for bail before the trial Court at the first instance. With this observation, this application stands disposed of. M.E.H./- (Navaniti Prasad Singh, J) U