IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31290 of 2009 UDAY PASWAN Versus THE STATE OF BIHAR ----------- 2. 17.9.2009. Heard both sides. The petitioner seeks bail in a case instituted under sections 302 and 201/34 of the Indian Penal Code. The police constable noticed one dead body wrapped in a gunny bag discarded behind the bunglow of the Civil Surgeon. Subsequently it was found that the dead body was of the second wife of the petitioner. Initially first information report was lodged against unknown. In course of investigation, it transpired that the petitioner, with the help of Lal Babu Paswan, had committed the murder. Leaned counsel submits that the aforesaid Lal Babu Paswan has been released on bail. He is facing trial. Learned counsel, with reference to the deposition of the witnesses of the said trial, further submits that they have not supported the allegation against the person facing trial. This court from the records finds that for about 7-8 years the petitioner remained absconder. He has recently surrendered on 21.1.2009. In course of investigation materials have come indicating complicity of the petitioner. In that view of the matter, this court, for the present, is not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, having regard to the submission that some of the witnesses have not supported the prosecution case, this court - 2 - grants liberty to the petitioner to approach this court afresh after six months if the trial, in the meanwhile, does not conclude. Md.S. (Kishore K. Mandal)