IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34798 of 2009 PAGESHWAR MANDAL @ PAGLA MANDAL S/O LATE SIYA RAM MANDAL, RESIDENT OF VILLAGE SAHPUR, P.S. KAHALGAON (GHOGHA), DISTRICT BHAGALPUR. Versus STATE OF BIHAR ----------- 4. 23.2.2010. Heard Mr. Rajni Kant Jha, learned counsel for the petitioner and learned counsel for the State. The petitioner is in jail in Sabour P.S. case No.267 of 2008 for the offence under Sections 396 and 412 of the Indian Penal Code. Learned counsel for the petitioner, while pressing his bail petition, submits that the petitioner is languishing in jail since 17.10.2008. Learned counsel for the petitioner submits that there is nothing against this petitioner and without any evidence, the petitioner is languishing in jail. I have perused the order whereby his prayer for bail was rejected by learned Additional Sessions Judge, F.T.C.2, Bhagalpur. It appears that in this case, evidence is going on and most of the witnesses have already been examined and only - 2 - N.H./ few more witnesses are to be examined by the prosecution. Since trial is at the fag end, it is not desirable to extend the privilege of bail to the petitioner. However, keeping in view the fact that petitioner is in jail and trial is going on, it is desirable that trial court may be directed to conclude the trial expeditiously and if it is not concluded within a period of three months from the date of receipt/production of a copy of this order, the petitioner shall be at liberty to renew his prayer for bail. The court expects that defence will also take initiatives for early conclusion of the trial and un- necessarily only with a view to circumvent this order they may not delay the conclusion of the trial. With this observation and direction, the petition stands rejected. ( Rakesh Kumar,J.)