IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17310 of 2010 ANIL SINGH Versus STATE OF BIHAR ----------- 5 9.8.2010 Heard counsel for the petitioner and the State. The petitioner is an accused in a case under sections 302, 201/34 of the Penal Code in Barauni P.S. Case No.322 of 2006. The prosecution case instituted on the basis of the fardbeyan of one Bindeshwari Paswan, a Chaukidar in Barauni P.S. stating therein that on 18.10.2006 he received information that one unknown dead body of a woman is lying near the Marathpur Soiling road but he could not identify the dead body. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name transpired in course of investigation. He further submits that during the course of investigation one Kanhaiya Choudhary @ Hement Chouhdary in paragraph 64 of the case diary stated that the petitioner was found sitting with the deceased along with Manoj Kumar on the back sit of a Sumo Jeep and some other persons were also found sitting on the Sumo Jeep and one Sandeep Kumar was driving the said vehicle. Learned counsel submits that one Sandeep Kumar, who was driving the vehicle has moved this court for bail alongwith one Manoj Kumar which was rejected by a bench of 2 KHAN this court by order dated 1.12.2009 passed in Cr.Misc.No.41140 of 2009 with an observation to renew his prayer for bail after completing six months of his judicial custody whereas in case of petitioner Manoj Kumar the court observed that he would have the same liberty but only after completing one year of his judicial custody and that too by making a clear statement with regard to their respective criminal antecedent. In the instant case in paragraph 20 it has been stated that apart from this case, the petitioner is also an accused in three names namely Barauni (F.C.I.) P.S. Case No.31/99 under section 25(1-B) (a), 26, 35 of the Arms Act; Barauni (F.C.I.) P.S. Case No.198/02 under section 379 of the Penal Code and Barauni (F.C.I.) P.S. Case No.85/03 under section 25(1-B)(a), 26 of the Arms Act. The petitioner is in custody since 31.7.2009. Having considered the facts and circumstances of the case and also taking into account the criminal antecedent of the petitioner, I am not inclined to grant bail to the petitioner for the present. His prayer for bail is rejected. However, he may renew his prayer for bail after four months. (S.P.Singh,J)