IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10247 of 2010 DIPAK CHOUDHARY @ NANU SON OF PRADEEP CHOUDHARY RESIDENT OF GHOGHA BAZAR, P.S. KAHALGAON, DISTRICT- BHAGALPUR Versus STATE OF BIHAR ----------- 3 21.04.2010 Heard learned counsel for the petitioner and the learned Addl. P.P. appearing for the State. The petitioner had earlier approached this Court for grant of bail in Cr. Misc. No. 22700 of 2009 which was rejected as per the order dated 27th October, 2009 (Annexure-1). Learned counsel for the petitioner submits that the petitioner is in custody since 01.11.2008. It is further submitted that co-accused Sanjay Yadav & Suraj Kumar Choudhary on whose confessional statement the petitioner has been implicated in this case have been allowed bail by this Court. Learned Addl. P.P. appearing for the State on perusal of the case diary submits that the petitioner is the only assailant as disclosed in the confessional statement of the aforesaid two co-accused persons. Learned counsel for the petitioner submits that in Sessions Trial No. 468 of 2009 no evidence has come against the petitioner, however witnesses are being examined although for the last few days no witness has been examined. - 2 - Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioner, I am not inclined to grant bail to the petitioner. His prayer for grant of bail is, accordingly, rejected. However, in case the trial is not concluded within a period of four months the petitioner will be at liberty to renew his prayer for bail. Manish/- ( Shailesh Kumar Sinha,J.)