IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37778 of 2009 MADHO MANDAL Son of late Prasadi Mandal, resident of village Janakpur, P.S. Falka, District Katihar. Versus STATE OF BIHAR With Cr.Misc. No.35413 of 2009 ARBIND KUMAR MANDAL Son of Suresh Mandal resident of Village Maliniya P.S. Banmankhi, District Purnia. Versus STATE OF BIHAR ----------- 3 18/11/2009 Heard counsel for the petitioners and counsel for the State in both the cases. The two petitioners, namely, Madho Mandal and and Arbind Kumar Mandal are accused for the offence under sections 364 and 379 of the Indian Penal Code and it is said that a Bolero vehicle along with driver was made to disappear in which complicity of the petitioners has emerged on the basis of some statement of the witnesses who are said to have seen both the petitioners sitting in the vehicle on the date of occurrence. Both the petitioners, in fact, have also confessed their crime, of course, in their statement before the police. This Court would find that the petitioner Madho Mandal has also criminal antecedent and that possibility of the vehicle and its driver being recovered has also now diminished on account of recovery of bracelet and towel of the driver of the said vehicle from the premises of the co-accused Ram Chandra Mandal. That being so, this Court would not be inclined to grant 2 bail to the petitioners at this stage. The petitioner Madho Mandal (petitioner in Cr. Misc. No.37778 of 2009) may renew his prayer for bail after completing further one year of his judicial custody, whereas, petitioner Arbind Kumar Mandal (petitioner in Cr. Misc. No.35413 of 2009) claiming no criminal antecedent may renew his prayer for bail after completing further six months of his judicial custody, provided their trial is not concluded in the meantime as the trial court is expected to take up their trial on a priority basis. Abhay Kumar (Mihir Kumar Jha, J.)