IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5098 of 2010 MD.AFTAB ALAM Versus THE STATE OF BIHAR ----------- 4 11.08.2010 Heard both sides. Petitioner has approached this court second time seeking bail for the offence punishable under Sections 302/34 IPC. Considering the nature of allegation, his prayer for bail was earlier considered and rejected by order dated 22.6.2009 (Annexure-1) An antecedent report was called for in the case which is on record at Flag-A. Report dated 14.5.2010 submitted by the Superintendent of Police, Munger reflects that petitioner is habitual offender and is accused in seven cases of serious nature. Counsel for the petitioner states that in some of those cases, he had been tried and acquitted. He, however, concedes that for the present, there are 03 criminal cases (including the present one) pending against him. It is contended that he is in custody since 10.7.2008 Having regard to the allegation and his criminal antecedent, this court is not inclined to admit him to bail. Prayer for bail is rejected. This Court, however, cannot be oblivious of the fact that the petitioner continues to incarcerate since 10.7.2008. A liberty is thus granted to him to approach this Court if the 2 prosecution fails to examine all prosecution witnesses in the present case within 09 months from the date of receipt/communication of the order in the court below. The application is dismissed with liberty aforesaid. pkj ( Kishore K. Mandal, J. )