IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21428 of 2009 SUSHIL MALLAH @ NANDU CHOUDHARY Versus STATE OF BIHAR ----------- 3 10.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 302/34 I.P.C. As many as three persons were killed. The F.I.R. was lodged on 25.10.1997 against unknown. Petitioner evaded arrest for pretty long time. He was only remanded in this case from another case on 17.1.2006. Impugned order reflects that the charges have already been framed and the case is fixed for evidence. In view of the fact that this Court is not inclined to admit the petitioner on bail. The prayer for bail is rejected. This Court looking to the period of incarceration, however, grants liberty to the petitioner to approach this Court if all the prosecution witnesses are not examined at the trial by the Trial Court within eight months from the date of receipt/communication of the copy of this order. Bibhash (Kishore K. Mandal, J.)