IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5345 of 2011 Manoj Mandal, S/o Bhavi Mandal, R/o village Chikanotava, P.S. Ghailadh, Dist. Madhepura. ------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 3 09.08.2011 Heard learned counsel for the parties. The prayer for bail of the petitioner was earlier rejected by an order dated 10.11.2009 in Cr. Misc. No. 27231 of 2009 with an observation that the trial of the petitioner should be expedited. Learned counsel for the petitioner has submitted that the petitioner is in custody since 19.3.2009 and in a space of more than two years, the trial of the petitioner has not made any significant progress, inasmuch as, all the prosecution witnesses have not been examined till date. He would, therefore, submit that the petitioner, in the changed circumstances, would be entitled for being released on bail. On the other hand, learned counsel for the State, in compliance of the order of this Court dated 18.3.2011 and in continuation to the report submitted by the trial court dated 2.5.2011 annexed at Flag-A 2 to this application, has filed a counter affidavit, wherein, it has been stated that six out of fourteen witnesses have already been examined in the month of June/July 2011 and that rest of the eight witnesses are also likely to be examined in next two months. Considering the aforementioned aspects, specially the fact that the trial of the petitioner has now made some progress and that the Superintendent of Police, Supaul has also undertaken to produce the remaining witnesses within a period of two months, this Court would direct the trial court to ensure that the trial of the petitioner is concluded within a period of four months from the date of receipt/production of a copy of this order. In the event, the trial of the petitioner would not be concluded in the aforesaid period, the petitioner will be at liberty initially to move the trial court itself and if the trial court would reject the prayer for bail of the petitioner, it must record the reasons for not concluding the trial in the aforesaid period of four months and only thereafter the petitioner may move this Court with a prayer for bail. 3 With the aforementioned observations, this application is disposed of. Let a copy of this order be given to Mr. Ram Priya Sharan Singh, learned A.P.P. for its being communicated to the Superintendent of Police, Supaul. Rsh (Mihir Kumar Jha, J.)