IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27875 of 2009 CHANDAR MUSHAHAR, son of Sadhu Mushahar @ Mun Mushahar, resident of Bahura, P.S. Kudra, District Kaimur (Bhabhua) Versus STATE OF BIHAR ----------- 3. 10.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner faces prosecution for a heinous offence u/s 396/417 I.P.C.. Though the petitioner is not named in the F.I.R., his implication in this case has been found in course of investigation by the police not only on the basis of his past track of criminal record showing him to be a member of veteran gang indulging in similar type of offences, but a co-accused during his confessional statement has also named this petitioner and other members of the gang. Normally such confessional statement of a co-accused before the police by itself could not have been treated to be evidence but then such confessional statement of the co-accused is not only inculpatory but also on such confessional statement the articles in the dacoity have been recovered which have been also identified by the prosecution party. 2 There is also no denial that the petitioner is accused at least in three criminal cases as has been recorded in the case diary and therefore, implication of the petitioner cannot be said to be based on no ground. In view of the fact that the petitioner is in jail since 5.2.2009 this Court would direct the trial court to ensure that the trial of the petitioner is taken up out of turn and the same is concluded within a period of 15 months from the date of receipt/ production of a copy of this order. If the petitioner’s trial is not concluded in the aforementioned period of 15 months the petitioner shall have the liberty initially to move the trial court, which will record reasons for not concluding the trial and only thereafter the petitioner may renew his prayer for bail before this Court. With the aforementioned observation, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/ 3