IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12860 of 2011 Habbiyadav @ Chandra Shekher Singh Versus The State Of Bihar ----------- 03/ 07.07.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner is named in the first information report and there is allegation against him that he along with co-accused Manoj Mehta gave several dagger blows to the deceased as a result of which deceased died at the place of the occurrence. The contention of learned counsel for the petitioner is that prior to the alleged occurrence, brother of the petitioner lodged Dhamdaha P.S. Case no. 34/2009 against the informant of this case and others and that is the reason of false implication of the petitioner in the present case. It is further contended by him that after due investigation police found accusation untrue in respect of co-accused Manoj Mehta and accordingly, submitted final form in respect of him. On the other hand, learned Addl. Public Prosecutor opposed the prayer pointing out that post mortem report corroborates the allegation levelled against the petitioner. It appears from perusal of the impugned order that the trial of the petitioner has already commenced and one prosecution witness has already been examined. In view of the aforesaid facts and circumstances, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Sessions Trial no. 1482/2010 arising out of Barhara P.S. Case no.76/2010 pending in the court of the Addl. 2 Sessions Judge FTC No. III, Purnea stands rejected. However, the learned trial court is directed to conclude the trial of the petitioner within seven months from the date of receipt of this order and if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail before the trial court itself. Let this order be communicated to the court of the Addl. Sessions Judge FTC No. III, Purnea in connection with Sessions Trial no. 1482/2010 arising out of Barhara P.S. Case no.76/2010 through FAX at the cost of the petitioner. shahid (Hemant Kumar Srivastava,J)