IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6113 of 2008 SANJAY RAI Versus STATE OF BIHAR ----------- 3 12.5.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. This is an application for bail for offence under Section 396 of the Indian Penal Code. Earlier also his bail application was filed before this Court was dismissed by an order dated 20.11.2006. Counsel for the petitioner submits that the petitioner is in custody since 1.2.2006 and even when all the witnesses have been examined, the Trial Court has not pronounced the judgment because the petitioner has been transferred to Bhagalpur jail. Considering the fact that the petitioner is accused under Section 396 of the Indian Penal Code and the trial has already progressed sufficiently, this Court is not inclined to grant bail to the petitioner. However, the Trial Court is directed to ensure that the petitioner’s presence is immediately sought from the Bhagalpur jail and the trial pending against him is concluded within a period of six months from the date of production of the copy of this order. In case the trial is not concluded within the aforesaid six months, the petitioner 2 will have liberty to move first Trial Court and the Trial Court will spell out as to why the trial has not been concluded within the aforesaid period and only thereafter, the petitioner may move this Court for bail. Rsh (Mihir Kumar Jha, J.)