IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26175 of 2009 DULAR SINGH @ DULAR KUMAR SINGH, son of Sri Suresh Singh, resident of village Nagarpara, P.S. Bhawanipur, Bihpur, District Bhagalpur Versus STATE OF BIHAR ----------- 2. 2.9.2009 Heard counsel for the petitioner and the counsel for the State. True it is that the truck in question with goods worth Rs. 23 lacs, which is said to have been made subject matter of robbery at the instance of the petitioner and other co-accused persons, was recovered soonafter the institution of the police case but then it remains a fact that the petitioner has a dubious past, inasmuch as his criminal antecedents are not clean. The petitioner is in custody in connection with the present case since 25.2.2008 i.e. almost 1 ½ years and therefore, this Court would direct the trial court to ensure that the trial against the petitioner is concluded within next nine months from today. The submission of the counsel for the petitioner that the co-accused Lal Singh had already been granted bail by this Court will have a little impact on the result of 2 the bail application when it is found that Lal Singh had surrendered way back in 2006 and was granted bail in 2007, whereas the petitioner had remained absconding for a period over three years. That being so, the case of Lal Singh is distinguishable and accordingly, the prayer for bail of the petitioner for the time being is rejected. It is, however, made clear that if the petitioner’s trial is not concluded within a period of nine months the petitioner will have the liberty to initially move the trial court and the trial court would record reasons for not concluding the trial and only thereafter the petitioner may move this Court. (Mihir Kumar Jha,J.) Surendra/