IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26280 of 2009 LALAN PRASAD BHARTIYA @ LALAN KUMAR BHARTIYA, Son of Ramekwal Sah, Resident of Village-Banchauri, P.S. Dumara, District-Sitamarhi. Versus STATE OF BIHAR ----------- 2 16/9/2009 Heard counsel for the parties. Prayer for bail of the petitioner having been rejected on merits on earlier occasion, this Court would not find any reason to reconsider again the question of grant bail to the petitioner on merits. Counsel for the petitioner, however, would submit that this Court had expected in the order dated 31.3.2009 that trial of the petitioner was to be concluded within a period of three months from the date of receipt/production of a copy of this order and when such trial has not been concluded, even after almost six months, the petitioner, languishing in jail since 4.7.2007, i.e, period of two years, should be enlarged on bail. Counsel for the Informant and the State, on the other hand, have produced order sheet of the trial court which would go to show that delaying tactics, in fact, has been adopted by the petitioner-accused who have on 9.7.2009 made a prayer for grant of six months time to produce their oral and documentary evidence. One thing is clear that evidence of the prosecution has already been closed and the evidence of the petitioner in defence is not completed, and the Court cannot shut out evidence of the 2 defence and theefore, if now counsel for the petitioner undertakes, which he has done today, to produce his oral and documentary evidence within a period of one month from the date of receipt/production of a copy of this order by the trial court, the trial court would conclude the trial within a period of three months by pronouncing judgment. Counsel for the petitioner at this stage would point out that the court below where the trial was going on is vacant since 22nd August, 2009. If that be so, counsel for the petitioner will have liberty to move the concerned Sessions Judge for transfer of trial to the Court where trial can be concluded in the aforementioned period. With the aforementioned observations/directions this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)