IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19685 of 2009 RINKU SINGH Versus STATE OF BIHAR With Cr.Misc. No.20791 of 2009 1. JIBESH KUMAR SINGH @ JIBESH SINGH 2. DHRUB PASWAN Versus THE STATE OF BIHAR ----------- 3. 30.06.2009 Heard counsel for the parties. Both the applications seeking bail arise out of same occurrence giving rise to Parvatta (Maraiya) P.S.Case No.149 of 2008 instituted under sections 395 and 397 IPC. Although the petitioners are not named in the FIR, but it appears that in course of investigation their names appeared through the confessional statement made by one Pawan Kumar Chaurasia. It further appears that the driver of the tractor who was crossing the place of occurrence during the relevant time identified the petitioner Jibesh Kumar Singh(Cr..Misc.No.20791/2009) in course of investigation. So far as petitioner of Cr.Misc.No.19685 of 2009 is concerned, it appears that his name has transpired by way of confessional statement made by co-accused Bhavesh Singh. A perusal of the impugned order reflects that this petitioner carries criminal antecedent as well. Other witnesses also appeared to have supported the prosecution case apart from the extra-judicial exculpatory statements of co-accused - 2 - Pawan Kumar Chaurasia who named both the petitioners as miscreants involved in the present occurrence. Both the petitioners are stated to be in custody since 9.9.2008. Having regard to the allegations and the materials collected in support thereof, as reflected from the impugned order, this Court is not inclined to admit the petitioners to bail. Accordingly, their prayers for bail are rejected. However, having regard to the fact that they are in custody since 9.9.2008, this Court observes that if the trial does not commence within ten months from today, the petitioners shall be at liberty to renew their prayer for bail. hr ( Kishore K. Mandal )