IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38904 of 2008 SURENDRA YADAV, S/o- Vishun Yadav, Resident of Village- Rajabigha, P.S.- Fatehpur, District- Gaya :----- Petitioner. Versus THE STATE OF BIHAR:------Opposite Party ----------- 6. 27.11.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 302, 364 and other allied Sections of the Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act which was registered against 30-35 unknown extremist elements of the society. Petitioner has been nabbed in this case on the basis of the Supervision Note of the Dy. S.P. recorded after 2 ½ months of the occurrence as in the said note he has categorically recoded that the occurrence took place with the active participation of the extremist elements named in the report. Amongst the persons who have been identified as extremists one Satendra Prasad Yadav @ Satendra Yadav was also there along with the petitioner and others. Said Satendra Prasad Yadav moved this Court for grant of bail vide Cr. Misc. No. 2905 of 2008. Another Bench of this Court allowed him bail under orders dated 05.03.2008 and thereunder the Hon’ble Judge referred to the Supervision Note of the Dy.S.P. as a document which has been created after 2 ½ years of the incident and appreciating such fact he allowed bail to him. When said order was placed before this Court, this Court categorically asked the counsel for the petitioner as to whether the Supervision Note of the Dy.S.P. has been recorded after 2 ½ years of the occurrence then he candidly accepted the position that - 2 - the Supervision Note was recorded within 2 ½ months and statement to the contrary appears to be a mistake in the order dated 05.03.2008. Thereafter this Court further desired to know from the learned counsel for the petitioner about the antecedent of the petitioner then he candidly accepted that four other cases besides the present one for similar offences are lodged against the petitioner. In the circumstances, in appreciation of the antecedent of the petitioner, I am not inclined to release him on bail although he is in jail custody since 25.01.2008. His prayer for bail is, accordingly, rejected. As the case (Atri P.S.Case No. 32 of 2004) has already been committed to the court of Sessions, trial court (F.T.C.-1, Gaya) is directed to proceed with the trial (S.T.No. 29 of 2008/398 of 2008) and conclude the same at the earliest. P.K.P. (V.N.Sinha,J.)