IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13155 of 2009 SURENDRA MAHTO @ SADHU @ SADHWA Versus STATE OF BIHAR ----------- 2 18.5.2009 The petitioner is an accused in a case under section 302/34 of the I.P.C. He is not named in the F.I.R. The petitioner submits that his name figures on the basis of confessional statement of co-accused. It appears from the impugned order that he was seen at the time of murder of Rajesh Kumar. Further more Poonam Devi claimed that this petitioner along with one Baiju committed murder of Rajesh Kumar. It appears that the petitioner is in custody for five years and two months. It further appears that charge had been framed on 1.7.2008 but no witness has yet been examined in this case. Having considered the facts and circumstances of the case I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. However, he may renew his prayer for bail after six months. Anilkrsinha (Samarendra Pratap Singh, J.)