IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20674 of 2009 BIRENDRA RAI @ BIJALI RAI Versus THE STATE OF BIHAR ----------- 03 31.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The occurrence had taken place sometimes in the years, 1996. Petitioner is in custody since 5.12.1996. At least on two occasions petitioner had approached this Court for bail which was/were considered and rejected under order dated 10.10.2002 and 29.1.2007 (annexure-1 and 1/1) respectively. Considering the period of incarceration, this Court called for the status report from the trial court. The report is at Flag- ‘X’. It appears therefrom that petitioner on some pretext did not cooperate with the Court. Till today only one P.W. has been examined. Looking to the period of incarceration, this Court is persuaded to dispose of the present application in the following manner:- (i) Let the trial court make all 2 endeavor to take up the trial on priority basis and examine all the prosecution witnesses produced by the prosecution within six months from the date of receipt/ communication of the order. In case, all the prosecution witnesses are not produced and examined within the aforesaid time, the petitioner shall be at liberty to approach this Court for grant of bail. With this observation/ direction the application is disposed of. P.K. (K.K. Mandal, J.)