IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38560 of 2009 SAROJ PRASAD @ SAROJ KUMAR PRASAD, son of late Kailash Prasad, resident of village Bansohi Dera, P.S. Basantpur, District Siwan Versus THE STATE OF BIHAR ----------- 2. 12.11.2009 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner, and the counsel for the State. The petitioner faces allegation for offence u/s 302 I.P.C. and other allied offences. The allegation against the petitioner is plain and simple that the petitioner had given the fatal blow by knife which had resulted into the death of the deceased. Mr. Verma, however, did not like to go into the merits of the case for the simple reason that the trial has already been commenced, inasmuch as one of the witnesses had already been examined. In the opinion of this Court once the trial of the petitioner has commenced, the petitioner has a right to get it concluded expeditiously and therefore, if there be no impediments by the defence itself the trial of the petitioner must be 2 concluded within a period of six months as already directed by the learned Sessions Judge rejecting the prayer for bail of the petitioner. It is made clear that if the petitioner’s trial is not concluded solely due to laches attributable to the prosecution, the petitioner will have the liberty initially to move the trial court which will record the reasons for not concluding the trial, and only thereafter the petitioner may move this Court for grant of bail. With the aforementioned observations and directions, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/