IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4803 of 2008 KAMESHWAR YADAV @ SUBHASH & ANR Versus THE STATE OF BIHAR ********* 3 07.05.2008 Heard Counsel for the petitioners and the A.P.P. representing the State. The petitioners face prosecution under Sections17/18 of the Criminal Law (Amendment) Act, 1908 and Section 10 of the Unlawful Activities Prevention Act, 1967. This Court on perusal of the records as also after hearing Counsel for the petitioners is not inclined to grant bail to the petitioner on two grounds, firstly because the petitioners have a criminal antecedents inasmuch as they are accused in eight cases and also on account of the fact that their involvement in the present occurrence is fully substantiated by recovery of not only arms and ammunitions from their conscious possession but also pamphlets containing definite offending slogans against the State and its administration. Counsel for the petitioners, however, submits that in all other cases petitioners have been granted bail and that the petitioners have remained in custody for almost a period of two years (since 10.07.2006). In that view of the matter as the petitioners are 2 in custody from 10.07.2006, this Court would direct the Trial Court to conclude the trial of the petitioners within a period of nine months from today and in the event such trial is not concluded within nine months, the petitioner will initially move the Trial Court for grant of bail and the Trial Court will be under obligation to record the reasons for not concluding the trial within the aforementioned period. Accordingly, the prayer for bail on behalf of the petitioners, namely, Kameshwar Yadav @ Subhash and Kailash Paswan @ Kailu Paswan is hereby rejected. Anand (Mihir Kumar Jha, J.)