IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35014 of 2011 Sahindra @ Sahendra @ Shailendra Sao, S/o Baldeo Sao, resident of Village Maharaj Bigha, (Padumchak), P.S. Khizersarai, Dist. Gaya. -------- Petitioner Versus The State of Bihar -------- Opp. Party -------------- 2 14.12.2011 Heard learned counsel for the parties. Learned counsel for the petitioner, while renewing prayer for bail of the petitioner, would submit that despite a firm direction issued by this Court in the order dated 23.2.2011 in Cr. Misc. No. 21946 of 2010, the trial court has not concluded the trial within a period of four months as directed in the said order. He would submit that only the Investigating Officer was to be re- examined but, that has not been done as yet. In the considered opinion of this Court, the petitioner has on his own accord preferred to stay in jail. The prayer for bail of the petitioner was rejected on 23.2.2011 by giving direction to the trial court to conclude the trial including delivery of judgment by the end of 23.6.2011. The petitioner, however, in the meantime, became wise either on his own or by the advice of his counsel and had preferred to file an application before the trial court for re- examination of the Investigating Officer. That prayer was rejected by the trial court, whereafter, the petitioner had filed the Cr. Misc. No. 15348 of 2011 which also was withdrawn by the petitioner by an order dated 4.5.2011 with a liberty that he will again move the trial court for recall of the witnesses. This Court, accordingly, while allowing the prayer of the petitioner on 4.5.2011, had also 2 observed that in the event of filing of such an application for recall of the witness, the court below shall examine the records and pass appropriate orders in accordance with law. If, thereafter, the court below has not been able to conclude the trial in terms of the direction given by this Court on 23.2.2011 and the petitioner’s application for recall of witness is still pending, this Court would find no flaw in the effort of the trial court. That being so, this application for bail is wholly misconceived and is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)