IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41345 of 2008 MAHANTH UPENDRA DAS @ UPENDRA DAS @ BIPIN CHOUDHARY son of Anand Shankar Choudhary, resident of village-Bishunpur, P.S.-Khanpur, Dist.-Samastipur. Versus STATE OF BIHAR ----------- 4. 31.3.2009. Heard. The petitioner is an accused of a case which has been registered under sections 365/34 of the Indian Penal Code. Later on, victim boy Dharmendra Rai was murdered and section 302 of the Indian Penal Code was added. The victim is son of the informant Submission is that the petitioner is in custody since 4.3.2003 in this case. A report was called for. According to the report of Additional Sessions Judge-F.T.C.-I, Samastipur that charge against other accused person except accused Upendra Das, who is petitioner here was framed on 4.2.2004. Later on he was sent to Faizabad district (U.P.) in another case. He came back to Samastipur jail on 1.9.2006 and filed a petition for remand in this case and in this case he was remanded on 8.8.2008. A petition under section 227 of the Cr.P.C. on his behalf has been filed for his discharge. Learned counsel for the informant appeared and produced a copy of another first information report to show that the informant has been threatened from jail for deposing in favour of the petitioner. That information was sent to the police and when the informant lodged a case then he was killed by the men of the petitioner. Taking into consideration the conduct of the petitioner, who - 2 - threatened the informant from jail and when he failed to yield his dictate the informant was killed, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Md.S. (Shyam Kishore Sharma,J.)