IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33439 of 2010 Sunil Pandey @ Sunil Kumar Pandey, son of Ambika Pandey, resident of Village Awasani, Police Station Laukariya, District West Champaran. ----- Petitioner Versus The State of Bihar ---- Opp. Party ----------- 2 25.10.2010 Having heard learned counsel for the petitioner and counsel for the State as also taking into account that the prayer for bail of the petitioner was earlier rejected by this Court on merit by order dated 5.5.2008 in Cr. Misc. No. 1 of 2008, this Court is not inclined to re-consider the prayer for bail of the petitioner on merit. Counsel for the petitioner, with reference to the order of the court below, would submit that eight witnesses were already examined by 5.3.2010 and, therefore, if the trial was not concluded within the period of one and half years as fixed by this Court while rejecting the prayer for bail of the petitioner in the order dated 5.5.2008, the petitioner will be entitled for grant of bail on this ground alone. In the opinion of this court, if the petitioner wanted to draw benefit of the 2 order dated 5.5.2008, it was his duty to bring such order of this Court to the notice of the trial court. From the order of the trial court, it becomes clear that the counsel for the petitioner appearing in the court below had produced the order of this Court dated 5.5.2008 only on 5.3.2010 and, therefore, the period of one and half years has to recon from the said date i.e. 5.3.2010. Considering the aforementioned fact, the prayer for bail of the petitioner, namely, Sunil Pandey @ Sunil Kumar Pandey is once again rejected with a direction to the court below to ensure that the remaining witnesses must be examined expeditiously at least within the time limit as fixed by this Court. Rsh (Mihir Kumar Jha, J.)