IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33408 of 2009 MD.MANOBBAR @ MANOWAR, son of late Md. Nurul, resident of village Sanholi under P.S. Jagdishpur, District Bhagalpur Versus STATE OF BIHAR ----------- 2. 6.10.2009 Heard counsel for the petitioner and the counsel for the State. True it is that the petitioner’s case stands almost on the same footing as that of co-accused Manua, who was released on bail by an order of this Court dated 30.3.2006 in Cr.Misc.No. 8289/2006 but then not only Manua had remained in custody for a period of little more than nine months but then he had also surrendered in time. The petitioner though named in the F.I.R. and charge sheeted way back in the year 2005 remained absconding since 2005 and was ultimately arrested on 16.4.2009. In that view of the matter, this Court is not inclined to grant bail to the petitioner for the present. His prayer for bail, therefore, is rejected. The petitioner may, however, renew his prayer for bail after completing his judicial custody for a period of nine months. 2 At the same time, the trial court must also ensure that if the trial can be expedited and completed within this period, the same may also be done. The petitioner after completing his judicial custody for a period of nine months may move for bail before the trial court itself and if the trial court finds that there is no laches on the part of the petitioner or the defence in conclusion of the trial, the trial court may also grant bail to the petitioner. In the event the trial court rejects the prayer for bail of the petitioner, he may move this Court. (Mihir Kumar Jha,J.) Surendra/