IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36118 of 2009 MUNCHUN SAH son of Ram Ekbal Sah, Resident of Village-Khartari, tola, Dharohara, P.S. Chiraiya, District-East Champaran. Versus THE STATE OF BIHAR ----------- 2 3/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner, facing allegation under section ¾ of the Explosive Substance Act as also some other allied offences, is in custody since 11.5.2007 and from the order of the court below rejecting prayer for bail of the petitioner, it also appears that after the charges were framed on 19.4.2008 not a single witness was also examined in the next nine months. Counsel for the petitioner would submit that there is hardly any material which can directly involve the petitioner. This aspect of the matter, in fact, has been gone into by the trial court while rejecting prayer for bail of the petitioner, who on the basis of the statement in the case diary has recorded that there are prima-facie material to show that once demand of the petitioner of Rupees ten lacs was not fulfilled, he became angry and was responsible for explosion of bomb, a fact which has also been corroborated in course of investigation by the police. In such circumstances the petitioner cannot be enlarged on bail, but then as the petitioner is already in custody for a period of almost two years, this Court would direct the trial court to ensure that trial of the petitioner should be taken up expeditiously and concluded 2 within the next eight months, i.e, on or before 30th June, 2010. In the event such trial of the petitioner would not be concluded the petitioner will have liberty initially to move the trial court which will be then under obligation to spell out the reasons for not concluding the trial, whereafter the petitioner may move for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)