IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42121 of 2009 JHOTI YADAV @ GHOUTI YADAV son of late Ravindra Yadav, resident of village Chhati P.S.Dhanarua, District Patna. Versus STATE OF BIHAR . ----------- 2 2/4/2010 Heard learned counsel for the petitioner and counsel for the State. Prayer for bail of the petitioner for offence u/s 302 and other allied offences under Indian Penal Code was earlier rejected by order dated 17.6.2008 on merits in Cr. Misc. No.23036 of 2008. In the said order while rejecting prayer for bail of the petitioner it was clearly observed that while prayer for bail of the petitioner could not have been allowed on account of there being direct allegation against him of causing fatal injury, the trial of the petitioner was definitely required to be expedited especially when he was in custody since 12.9.2006. The petitioner, in fact, in view of the aforementioned observation seems to have moved the trial court again for bail but now the trial court has recorded in the impugned order that the order of this Court dated 17.6.2008 in Cr. Misc. No.23036 of 2008 was never communicated and/or filed before it. In that view of the matter, the trial court cannot be blamed for not complying the order of this Court dated 17.6.2008. Considering all these aspect of the matter and in keeping with the earlier observation, this Court would only direct the trial court to ensure that trial of the petitioner is completed 2 within a period of nine months from the date of receipt/production of a copy of this order. In the event the trial is not concluded within the period aforesaid solely on account of the laches on the part of the prosecution, the petitioner would be entitled for reconsideration of prayer of his bail initially by the trial court and after its rejection by this Court. With the aforementioned observation this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)