IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23987 of 2009 SUNIL PASWAN , son of Mahendra Paswan, resident of village- Mathdevi (Garhdevi), P. S.- Garhwa, District- Garhwa… Petitioner. Versus STATE OF BIHAR …. Opposite party with Cr.Misc. No.24240 of 2009 SATENDRA SAH, son of Moti Sah, resident of village- Balapur, P. S. Kargahar, District- Rohtas at Sasaram… Petitioner. Versus STATE OF BIHAR ….Opposite party ----------- 4. 06.11.2009. Heard counsel for the petitioners appearing in both the cases and counsel for the State. Though the petitioners were not named in the first information report for offence under Section 395 of the Indian Penal Code, their complicity had surfaced in course of investigation. The petitioners however have surrendered, Sunil Paswan on 14.3.2008 and Satendra Sah on 5.7.2007 and they are in custody since then. Sessions trial against the petitioners has already been commenced as is recorded in the impugned order. The petitioners have also a notorious past as is again mentioned in the impugned order. Considering all these aspects, this court is not inclined to grant bail to the petitioners specially when it is on account of their absconding the trial had to be separated 2 and had to be conducted against co-accused separately. At the same time taking into account that the petitioners are in custody for a period ranging between one and a half years to two years approximately, this court would direct the trial court to ensure that the trial of the petitioners is concluded expeditiously preferably within a period of nine months from the date of receipt/production of a copy of this order. In the event, the trial is not concluded within the aforementioned time limit on account of laches solely attributable to the prosecution, the petitioners will have liberty to initially move the trial court for bail and the trial court will spell out the reason for not concluding the trial. Only thereafter, the petitioners shall move before this Court for bail. With the aforementioned observations and directions, this application is dismissed. kanchan (Mihir Kumar Jha, J.)