IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46937 of 2008 JAIRAM UPADHYAYA @ PINTU UPADHYA Versus STATE OF BIHAR ----------- 2/ 10-Dec-08 Heard the parties. Petitioner’s prayer for bail in a case under Section 302 and other Sections of the IPC and Section 27 of the Arms Act was recently rejected on merits by order dated 5.5.2008 contained in Annexure-1. On behalf of petitioner it has been submitted that petitioner is in custody since 29.11.2007 and in the trial several witnesses have turned hostile including one Ram Sevak Pathak who had claimed to be an eyewitness. Considering the nature of the offence and the earlier order indicating that petitioner was alleged to be the main assailant of the deceased, this Court finds no good reason to take a different view in the matter on merits. - 2 - The impugned order of the learned court below shows that petitioner has also claimed to be suffering from some mental problem. It further shows that the doctor’s report is to the effect that there is improvement in his health and mental condition. Considering all the facts and particularly the fact that recently petitioner’s prayer for bail was rejected on merits, the prayer for bail is again rejected. perwez (Shiva Kirti Singh,J.)