IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46245 of 2009 ARVIND KEWAT son of Faujdari Prasad, resident of village-Malbigha, P.S. Chandi, District Nalanda. Versus STATE OF BIHAR . ----------- 3 2/4/2010 Heard Mr. Balmukund Prasad Sinha, learned counsel for the petitioner and learned counsel for the State. Mr. Sinha, learned counsel for the petitioner while pressing the prayer for bail of the petitioner would submit that though prayer for bail on merit was rejected by order dated 31.8.2009 in Cr. Misc. No.9983 of 2009, but in view of the observation made in the said order about stage of the case the petitioner would be entitled for reconsideration of his prayer for bail. He would also refer to the order of the co-accused Raju Mahto in whose case also this Court by order dated 19.8.2009 in Cr. Misc. No. 26458 of 2009 while rejecting prayer of his bail had directed for his release on 27th December, 2009 if in the meantime his trial was not concluded. He would stress that now when trial could not be concluded and co-accused Raju Mahto has been granted bail this Court should also reconsider the case of the petitioner for grant of bail. In the case of co-accused Raju Mahto it is not clear that there were any criminal antecedent against him and at least the order does not show that. It is not in doubt that one of the main reason for rejecting his prayer for bail was his chequered history of criminal antecedent. That apart, counsel for the petitioner fairly 2 submits that the trial has commenced and one witness has already been examined in the month of December, 2009. Considering all these circumstances as also the fact that prayer for bail of co-accused Raju Mahto in fact stands allowed on account of non conclusion of trial, this Court would direct that the trial court must ensure that trial of the petitioner is concluded within a period of six months from the date of receipt/production of a copy of this order failing which the trial court will itself release the petitioner Arvind Kevat on bail on which co-accused Raju Mahto was granted bail by this Court. With the aforementioned observation and direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)