IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8426 of 2009 KHOLA MUSAHAR, SON OF LATE BISUNI MUSAHAR, RESIDENT OF VILLAGE-DUMRATH, P.S. BHABHUA, DISTRICT-KAIMUR AT BHABHUA…………………………………………………..PETITIONER. Versus THE STATE OF BIHAR…………………………….OPPOSITE PARTY. ----------- For the Petitioner : Mr. R.S. Sahay, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2. 28.4.2009. This is the third attempt by the petitioner, Khola Musahar, for bail after his earlier two attempts were rejected vide orders dated 31.3.2006 and 1.3.2007 respectively passed in Criminal Misc. No.2307 of 2005 and Criminal Misc. No.10300 of 2007. The ground taken in this application is that the trial court has not made any progress after five witnesses had been examined and no witness has been in attendance since 20.3.2007 and the petitioner has suffered incarceration for almost five years by now. Since the prayer of the petitioner for bail on earlier occasions were rejected on merit, I find no reason to entertain the third application. However, the learned trial court, in view of the situation at hand and the period of custody undergone by the petitioner, should make all efforts to conclude the trial expeditiously preferably within a period of six months from the date of receipt of copy of this order. If the trial is not completed by that time, the petitioner shall be at liberty to move for bail afresh before this Court. The prayer of the petitioner for bail is accordingly rejected. - 2 - Let this order be communicated to the court below through fax at the cost of the petitioner. P.S. (Abhijit Sinha,J)