IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25793 OF 2009 MD.SAFI ALAM @ CHUNNA, SON OF MD. ATAUR RAHMAN, RESIDENT OF VILLAGE ABU BAKAR LANE, P.S. NATH NAGAR, DISTRICT BHAGALPUR VERSUS STATE OF BIHAR ----------- 3. 27.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections341, 323, 448, 307 504/34 of the Indian Penal Code and later on, Section 302 I.P.C. was also added in the case. From the first information report it appears that petitioner and one Ataur Rahman assaulted one Md. Akram with sharp cutting weapon, who got injured and later on, it is said that he succumbed to his injuries. A report was called for from the court below with regard to the stage of the case and as to within what time it is likely to be concluded. From the report which has been received it appears that five witnesses have already been examined in the trial and only the informant, investigating officer and the doctor are yet to be examined. Learned counsel for the informant submits that the informant will appear in the case on the next date for his evidence and the - 2 - case will not be postponed due to his non- appearance. The trial court has estimated the time for conclusion of the trial as four months. Therefore, this Court is not inclined to allow petitioner on bail at this sage. The application is dismissed. The trial court will take all steps to record the evidence of the left over witnesses i.e. informant, Investigating Officer and the doctor. For that purpose, the trial court shall inform all concerned to ensure their appearance in the case. The trial court must make all endeavours to conclude the trial within four months, as fixed by it. In case trial is not concluded within four months, for no fault of the petitioner, he will be at liberty to move for bail before the learned trial court and his bail application shall be considered on merit. B.T (J.N. Singh, J.)