IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23965 of 2010 MD. ZIYA S/o Md. Mosim Versus The STATE OF BIHAR ------ 3/ 20.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s prayer earlier has been refused by this Court. Informant really is not eye witness of the incident. He was told by others including Biltu Sahni that informant’s father was taken by accused persons including this petitioner and thereafter, dead body was recovered which is corroborated by two of the witnesses. Postmortem is conducted on 26.03.2008 while dead body was recovered on 23.03.2008. What is the reason for delay is not the stage to scrutinize otherwise that mentions about death during the period when really it was done. Moreover, taking into consideration the circumstances, petitioner’s prayer has earlier been refused by this Court and there was unsuccessful attempt taken by petitioner before the Hon’ble Apex Court also. Considering the facts and circumstances of the case, prayer of the petitioner is rejected. However, petitioner has an option to surrender before the Court below and pray for regular bail which shall be decided without being prejudiced by the rejection order. shail (Mandhata Singh, J.)