IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38494 of 2009 Dhamalu Pandey, Son of Deena Nath Pandey, R/o Village Lohathi, P.S. Kateya, District Gopalganj. ---------- Petitioner Versus The State of Bihar ---------- Opp. Party ----------- 2 11.11.2009 Heard counsel for the petitioner and counsel for the State. The prayer for bail of the petitioner has already been rejected by this Court by an order dated 11.8.2008 in Cr. Misc. No. 31480 of 2008 on merit. This Court, in fact, having noticed that the trial has already begun, had put rider of completing the trial within a period of one year and had also given a liberty to the petitioner that if the trial was not concluded in the aforementioned period of one year, he may renew his payer for bail. From the order of the court below rejecting prayer for bail of the petitioner, it appears that the prosecution evidence had already been closed on or before 27th of August, 2009 and that it was awaiting recording of statement under Section 313 of the Code of Criminal Procedure (Cr.P.C.) of the petitioner. Learned counsel for the petitioner, however, is not in a position to inform this Court as to whether till date the petitioner’s examination under Section 313 Cr.P.C. has been completed or not. Counsel for the petitioner on the other hand would state that now the prosecution has filed an application for summoning some more accused persons under Section 319 Cr.P.C. He, however, is also not aware as to whether any order on the same has been passed or not. 2 Under these circumstances, when the trial of the petitioner has almost been completed and in fact has been lingering (barring disposal of petition under Section 319 of the Cr.P.C.) only for recording of statement of the petitioner, this Court would direct the trial court to ensure that whichever way the trial of the petitioner may proceed, it must be concluded within a period of six months from the date of receipt/production of a copy of this order. The court below will note that the period which has been wasted by the defence including the petitioner from 27.8.2009 till the date of his examination under Section 313 Cr.P.C. will not be treated as laches on the part of the prosecution. The court below however after completing the trial will submit its report to this Court. With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)