IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25253 of 2010 MAHANTH UPENDRA DAS @ MAHANTH BIPIN DAS @ BIPIN DAS @ BIPIN CHAUDHARY, S/O ANANT SHANKAR CHOUDHARY @ BACHU CHOUDHARY, R/O Vill- Mathurapur, P.S.Dalsingsarai, Samastipur ……………..Petitioner Versus STATE OF BIHAR ----------- 3/ 07.10.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is in custody in connection with Barauni P.S. Case No. 244 of 2002 for the offence under Sections 494, 302 and 201 of the Indian Penal Code, has prayed for grant of bail. It is the second attempt for bail. Earlier the prayer for bail of this petitioner was rejected on 9.4.2009 passed in Cr. Misc. No. 671 of 2009. Learned Senior Counsel, while pressing the present bail petition, submits that only on suspicion, the petitioner was made accused and he is lying in custody since 2002. It has been submitted that the petitioner has completed 8 years in jail in the present case and on aforesaid grounds, it has been prayed to release him on bail. Learned Additional Public Prosecutor has opposed the prayer for bail. Since the prayer for bail of this petitioner was earlier rejected on 9.4.2009, it would not be appropriate for this Court to pass a favourable order in the present case. In this case antecedent report of the petitioner was called for, which shows that petitioner 2 is accused in other cases also. The impugned order indicates that the petitioner was earlier lodged in Samastipur jail and in spite of several requisitions for his production he was not produced. It further appears that due to non-production of the petitioner, charges could not be framed. This shows that the petitioner is in Judicial custody not only in the present case but he has been remanded in other cases also. Accordingly the ground for release on the basis of custody of 8 years in the present case has no relevance in the present case. In view of the fact that earlier petitioner’s prayer for bail was rejected, I am not inclined to enlarge him on bail. Hence, the petition stands rejected. However, it is necessary to direct the court below to take steps so that the case may come to its logical end without any delay. The learned court below may take appropriate step, so that charges may be framed at the earliest. With the above observation, the petition stands rejected. Bhardwaj ( Rakesh Kumar, J.)