IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38676 of 2010 DEEPAK RAM, son of Majetar Ram, resident of village Rajapur, P.S. Piro, District Bhojpur Versus STATE OF BIHAR ----------- 3. 17.3.2011 Heard Mr. Baxi S.R.P.Sinha, learned Senior counsel for the petitioner and the learned counsel for the State. The prayer for bail of the petitioner was earlier rejected by an order dated 5.10.2009 in Cr.Misc.No. 32841/2009 for the time being with a direction to the trial court to ensure that the trial of the petitioner is expedited and completed within a period of one year. Mr. Sinha, learned counsel for the petitioner, would submit that though a period of one year has already expired but the trial of the petitioner has not yet come to an end. This Court had called for a report from the trial court as to the present stage of the trial and the time likely to be consumed in concluding the trial. The report dated 20th December, 2010 received from the court below at Flag ‘A’ would reveal that the prosecution had already examined seven 2 witnesses and the case was awaiting for examination of the Investigating Officer Bhagirath Thakur, who had since retired from service. The court below has also indicated in the report that the trial was likely to be concluded within a period of four months, i.e. 20th April, 2011. Considering the aforementioned aspects and particularly that the end of the trial of the petitioner is well in sight, this Court is not inclined to reconsider the prayer for bail of the petitioner. The prayer for bail of the petitioner is, accordingly, rejected. The trial court is hereby directed to ensure that the trial of the petitioner must be completed within the time frame as indicated in its report dated 20.12.2010. At the same time this Court would also direct the Superintendent of Police, Bhojpur at Arrah to ensure that the presence of the said Sub Inspector Bhagirath Thakur is obtained and his deposition in the pending trial, S.Tr.No. 176/2009 arising out of Piro P.S.Case No. 250/2008 is completed within a period of one month from the date of receipt 3 of the order by him and the Superintendent of Police if necessary will stop payment of pension of Bhagirath Thakur, till his deposition is completed in the aforementioned trial. S.P., Bhojpur at Arrah shall submit his action taken report to this Court in this regard within a period of six weeks. The court below shall also submit its report to this Court after concluding the trial. With the aforementioned observations and directions this application is disposed of. Let a copy of this order be sent not only to the court below, the trial court, but also to the Superintendent of Police, Bhojpur at Arrah for its strict compliance. (Mihir Kumar Jha,J.) Surendra/