IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39357 of 2008 RAMASRAY YADAV Versus STATE OF BIHAR ----------- 03 23.12.2008 Heard. Petitioner seeks bail in a case instituted under Sections 364-A, 302/34 of the Penal Code. It appears the petitioner had earlier moved this court for grant of bail which was heard and rejected under orders dated 09.05.2008 (annexure-1) to this application. This court while rejecting the prayer for bail of the petitioner observed as under: “Learned counsel for the informant, on the other hand, vehemently opposed the bail and submitted that the witnesses examined in para 13 and 14 of the case diary stated before the police that they had seen the deceased going in the company of Ramashray Yadav and others. He submitted that Ramashray Yadav confessed before the police and admitted that he along with others committed the murder of Radhe Shyam due to non- payment of the ransom money. He also submitted that on the basis of statement of Ramashray Yadav the jacket of the deceased was recovered. The same was put on Test Identification parade and identified by the informant. Thus, the position is that at present there is material 2 against the petitioner Ramashray Yadav. In the facts and circumstances of the case, at this stage the prayer for bail of petitioner Ramashray Yadav is refused.” Having regard to the fact that earlier petitioner’s application for bail has been refused by this court and also considering the materials available on record, this court is not inclined to admit the petitioner to bail. Accordingly, his prayer for bail stands rejected. Learned counsel for the petitioner tried to convince this court that alleged seizure list was prepared prior to the statement recorded before the police. Be that as it may, since earlier the petitioner’s application for bail has been considered on merit by this court, I am not inclined to admit the petitioner to bail. It appears that the petitioner is in custody since 21st April, 2007. Having regard to the said fact, this court only observes that in the event trial of this case is not taken up within nine months from today the petitioner may renew his prayer for bail. Sym ( Kishore K. Mandal,J.)