IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8763 of 2009 1.MD.KHALIL, son of late Amiruddin, resident of village Kachana Bazar Dhantola, Police Station- Islampur, District-Uttar Dinajpur (W.B.). 2.Shyam Das, son of Krishna Das, resident of village- Dhantola, Police Station-Islampur, District-Uttar Dinajpur (W.B.). Versus STATE OF BIHAR ----------- 5 9/11/2009 Heard counsel for the petitioners and counsel for the State. The two petitioners are accused for the offences under sections 328,379,307,411/34 of the Indian Penal Code and sections 21/23 of the N.D.P.S. Act. Counsel for the petitioners would submit that nothing was recovered from possession of the petitioners so as to make them liable for the offences particularly that of N.D.P.S. Act and that the petitioners have clean and fair antecedent and they seem to have been picked up by the police on mere suspicion. The case diary was called for by this Court which bears out that not only petitioners were apprehended at the spot on the hulla raised by the Informant, but the petitioners had also made their confessional statement stating the fact that they had given biscuit and tea to the Informant containing narcotic substance. Such confessional statement of the petitioner stands corroborated by objective findings of medical report of the doctor who had immediately examined the Informant as is recorded in paragraph 33 of the case diary. In that view of the matter, this Court taking into account 2 the rampant recurrences of such offences with the innocent passenger in the train journey, is not inclined to grant bail to the petitioners and as such their prayer for bail is hereby rejected. Since the petitioners are in custody from 2.12.2008, this Court would direct the trial court to ensure that even if one of the co- accused Ashok Mandal keeps on absconding, the trial of the petitioners may be segregated and trial of these two petitioners who are in custody should be taken up on priority basis and the same must be concluded within a period of one year from the date of receipt/production of a copy of this order. If the trial of the petitioners is not concluded within the aforementioned period due to laches solely attributable to the prosecution the petitioners will be released on bail by the court below itself on completion of the aforementioned period. If however the prayer for bail of the petitioners is rejected by the court below, they may move this Court for being released on bail. Abhay Kumar (Mihir Kumar Jha, J.)