IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13609 of 2008 SHIVJI RAI Versus STATE OF BIHAR ----------- 2 2.5.2008 Heard counsels for the petitioner, State and the Informant. The petitioner is an accused under sections 328,302/34 of the Indian Penal Code. The counsel for the petitioner submits that though this is case of circumstantial evidence of the petitioner being last seen with the deceased there is a clear statement of a witness in paragraph 13 of the case diary that the petitioner was sitting alone. On that basis he prays that the petitioner may be entitled for grant of bail as the very basis of chain of events of circumstantial evidence against him of being last seen with the deceased is not completed. On the other hand, learned counsel for the informant has produced before this court a copy of order passed in Cr. Misc.no. 55802/07 with regard to co-accused Binod Rai @ Binod Kumar Rai whereby and whereunder this court by an order dated 11.1.2008 after considering the aforementioned statement in paragraph 13 and after taking into account further statements of two witnesses Harndendra Rai and Rajeshwar Rai stating that the deceased was lastly seen with Binod Kumar and this petitioner, had rejected his prayer for bail. This Court notices that the case of this petitioner is similar to that of Binod Kumar Rai and as such this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. The petitioner may renew his prayer for bail after completing one year in jail custody. shahid (Mihir Kumar Jha,.J)