IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32875 of 2009 SAMAR SINGH son of late Arjun Singh, resident of Bata Gali Sujaganj, P.S. Kotwali, District Bhagalpur. Versus STATE OF BIHAR ----------- 3 12/11/2009 Heard Mr. Ajoy Kumar Thakur, learned counsel appearing on behalf of the petitioner as also counsel for the State as also perused the case diary called for in this case. The petitioner is facing prosecution for the offences under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. True it is that the petitioner has not been named in the First Information Report, but then his complicity has emerged during course of investigation and it has been found that the petitioner was also one of the prominent member who had played a leading role in causing death of the deceased. Counsel for the petitioner, however, says that the materials in the case diary would not inspire confidence and the alleged confessional statement of the co-accused was also based on hearsay evidence. In the opinion of this Court what is important is that the petitioner has a dubious criminal antecedent and his complicity as recorded at length in the case diary even though by way of hearsay evidence, makes him the main person who was behind the scene in committing the offence. Under such circumstances, this Court is not inclined to grant bail to the petitioner for the present as he is in 2 custody only for the last eight months approximately. In that view of the matter, this Court would direct the trial court to expedite the trial and if trial of the petitioner is not concluded within a period of one and half year of his judicial custody the petitioner will have liberty initially to move the trial court for bail, which will be under obligation to spell out reasons for not concluding the trial, whereafter only the petitioner may move for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)