IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14891 of 2009 RANJAN MAHTO @ RANJAN KUMAR MAHTO Versus STATE OF BIHAR With Cr.Misc. No.21231 of 2009 GOVIND KUMAR RAY @ GOVIND Versus STATE OF BIHAR ----------- 4. 06.08.2009 Both the matters arise out of the same occurrence giving rise to Kishanganj P.S.Case No.248/2008 instituted under sections 302 201 and 120B/34 IPC. They have been heard together. The present order shall govern them. As per the allegation in the FIR, the deceased was taken away on some plea by two accused persons. It is alleged that next morning the dead body was found deserted at a lonely place. It appears that in course of investigation the petitioner Ranjan Mahto was arrested on 16.09.2008 whereafter he is said to have made a confessional statement involving himself and naming few others including the petitioner Govind Kumar Roy (Cr.Misc.No.21231 of 2009). It further appears from the case records that at least two witnesses including the wife of the petitioner Ranjan Mahto deposed to the effect that during relevant night stains of blood were found on the Varanda of the house of the petitioner Ranjan Mahto which was being cleaned by the accused persons including the petitioners Ranajan Mahto and Govind Kumar Roy. Learned counsel appearing on behalf of the petitioner - 2 - Govind Kumar Roy , submits that his name has surfaced in the confessional statement of Ranjan Mahto. Both the counsels submit that the evidence(s) available on records is/are frugal which by themselves do not justify continuance of the petitioners in jail custody. Petitioners are stated to be in custody since 17.09.2008. Having regard to the allegations and looking to the materials available on records, this Court is not inclined to admit the petitioners to bail. Prayers for bail made on their behalf are, therefore, rejected. However, considering the fact that the petitioners are in custody since 17.09.2008, this Court observes that if the trial of the case is not taken up within nine months from the date of receipt/communication of this order in the court below, the petitioners shall have liberty to renew their prayer for bail. hr ( Kishore K. Mandal )