IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28273 of 2009 BARHU YADAV, son of Sri Raghunandan Yadav, resident of village Doulta, P.S. Dhanarua, District Patna Versus THE STATE OF BIHAR ----------- 3. 4.9.2009 Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner and the counsel for the State. The prayer of the petitioner for bail was rejected twice on merits by the orders dated 11.7.2003 in Cr.Misc.No. 10839/2003 and again by an order dated 28.4.2005 in Cr.Misc.No. 12457/2005. That being so, this Court would find no reason to again go into the merits of the case. Mr. Singh, however, relies on an order of this Court dated 20.8.2009 in Cr.Misc.No. 26772/2009 as with regard to grant of bail to co-accused Arbind Yadav having identical allegation. This Court would find that in the case of Arbind Yadav there was an observation by an order dated 5.12.2008 for concluding his trial within a period of six months and on that ground this Court had ultimately directed for release on bail. 2 There being no such observation in the case of the petitioner and this Court being also not inclined to go into the merits, the prayer for bail of the petitioner is hereby rejected with a direction to the trial court to ensure that the trial against the petitioner is concluded within a period of six months from today, inasmuch as it has been informed that six prosecution witnesses have already been examined and now mostly official witnesses are to be examined. In the event the trial of the petitioner would not be concluded within the aforementioned period of six months, the petitioner will have the liberty to move this Court after moving the trial court which would be under obligation to record reasons for not concluding the trial. (Mihir Kumar Jha,J.) Surendra/