IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17795 of 2010 MARKENDAY LALL, son of late Hari Lal, resident of village – Gunsej, P.S. – Dinara, District – Rohtas at Sasaram. --------------- Petitioner. Versus THE STATE OF BIHAR ----- Opposite Party. ------- 02. 27.05.2010 Heard learned counsel for the petitioner and State. Petitioner is said to be in custody since 15.02.2002 in Buxar (T) P.S. Case no. 246/2001 for offences under Sections 379, 420, 406 and 120B of the Indian Penal Code, as it appears his name emerged during investigation and it further appears from the order of the court below that he has allegedly played key role in murder of the driver of the ill-fated Truck. It also appears from the copy of the complaint petition that it has been marked Exhibit -2 on 08.08.2005 in the court of learned Fast Track Court –IVth. It indicates that trial for the offences must have been proceeded with respect to some other accused persons. I failed to appreciate the petitioner who is in custody since year 2002. Why and how the trial with respect to him could not proceed. Considering the facts and circumstances of the case and alleged role played by the petitioner for the present, I am not inclined to enlarge the petitioner on bail. Hence, prayer for bail of the petitioner is rejected. Simultaneously, courts below are directed to proceed expeditiously and petitioner is at liberty to renew his prayer before the trial court after hearing on the point of charge preferably within three months from today. Rajeev/ (Akhilesh Chandra, J.)