IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33411 of 2009 MUKESH KUMAR ISHWAR @ MUKESH ISHWAR @ LAKAR son of Lalan Ishwar, Resident of Village – Siwri, P.S.-Cheria Bariarpur, District-Begusrai. Versus STATE OF BIHAR ----------- 4 6/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner is an accused for the offences punishable under sections 399,402,147,148,149,353,307,216,414,120(B) of the Indian Penal Code as also under sections 25 (1-B)A, 26,27 and 35 of the Arms Act. There is recovery of one loaded unlicensed double barrel gun. The petitioner is in custody since 14.5.2009 and he has also criminal antecedent of being an accused in one earlier case of the year 2003 relating to an offence under section 307 of the Indian Penal Code. Considering all these aspects, while this Court is not inclined to release the petitioner on bail for the present, it would direct the trial court to ensure that trial of the petitioner is concluded within a period of next six months from the date of receipt/production of copy of this order. Happen the trial of the petitioner be not concluded within the aforementioned period due to laches solely attributable to the prosecution the trial court will release the petitioner on bail on completion of one year of his judicial custody, subject to his giving an undertaking that he shall remain physically present on each and every 2 date of the trial and his absence, without justified reason, even for a single date will entail automatic consequence of cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)