IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26939 of 2009 1. BIGGAN RISHI, son of late Sonay Rishi 2. Suresh Rishi, son of late Sonay Rishi Both residents of village Nayapatti, P.S. K.Nagar, District Purnea 3. Satya Narayan Mandal @ Sattan Mandal, son of Sangu Mandal, resident of village Kathotiya, P.S. K.Nagar, District Purnea Versus STATE OF BIHAR ----------- 4. 6.11.2009 Heard counsel for the petitioners and the counsel for the State. Considering the fact that the petitioners are facing prosecution for offence u/s 302/34 of the Indian Penal Code in a case of the year 1995 (K.Nagar P.S.Case No. 327/1995 giving rise to S.Tr.No. 463 of 1997/ 114 of 2009 pending in the court of 3rd Addl. Sessions Judge, Purnea) wherein 9 witnesses out of 11 prosecution witnesses have already been examined, this Court is not inclined to grant bail to the petitioners and accordingly, their prayer for bail is rejected. At the same time as the deposition of the prosecution witnesses has almost been completed and only the Investigating Officer and the Medical Officer conducting the postmortem report have not been examined, it would not augur well for the prosecution 2 itself to keep the case pending and accordingly, this Court would direct the trial court to ensure that the remaining portion of the trial of the petitioner is concluded expeditiously preferably within a period of six months from the date of receipt/ production of a copy of this order. Counsel in this context has brought to the notice of this Court that the last witness of prosecution was examined on 16.4.2009 and for the last six months nothing has been done. If that be so, the trial court will be under obligation to see that the appearance of the remaining witnesses, official witnesses, is procured by even taking coercive measure in accordance with law. (Mihir Kumar Jha,J.) Surendra/