IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21564 of 2009 GAINA MAHTO Versus THE STATE OF BIHAR ----------- 03 21.08.2009 Heard both sides. Petitioner is named in the F.I.R. along with co-accused Ashok Mahto who is facing charge under Sections 302, 201/34 of the Indian Penal Code. Allegation is that he along with co-accused Ashok Mahto called the victim from the house, subsequently, dead body was recovered. It is contended that co-accused Ashok Mahto has since been granted bail. Learned counsel also emphasized that the Post-mortem report indicates, that there was no external and/or internal injury on the person of the deceased. Learned counsel fairly states that co- accused Ashok Mahto was in custody since 23.12.2006 and was released on bail on 5.10.2007. Petitioner is in custody since 29.3.2009. It appears, he initially evaded arrest. Considering all the facts and circumstances of the case, this Court declines the prayer made on behalf of the petitioner. Prayer for 2 bail is accordingly, dismissed. However, taking into account the submission that the similarly placed co-accused Ashok Mahto has been privileged with bail, this Court grants the petitioner liberty to renew prayer for bail after five months, if the trial in the meanwhile is not taken up. P.K. (K.K. Mandal, J.)