IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18774 of 2009 MD.ANWAR @ HANGA SON OF MD. MUSLIM RESIDENT OF VILLAGE KHOKHAN TOLA, CHOUSA, P.S. CHOUSA, DISTT. MADHEPURA. ------PETITIONER. Versus STATE OF BIHAR ----------- 4. 16/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. Offence alleged against the petitioner is under Sections 302/34 of the Indian Penal Code. The petitioner had earlier approached this Court for bail which was rejected vide order dated 9th January, 2009 passed in Cr. Misc. Case No. 38431 of 2008 as contained in Annexure-1. Learned counsel for the petitioner submits that while rejecting the earlier bail application, also it has been observed that the petitioner is the main assailant who committed the murder. The petitioner is in custody since 24.2.2008. As regards the criminal antecedent, nothing has come during investigation, and as such the petitioner deserves to be enlarged on bail. Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that on perusal of the case diary and the post mortem report, the allegation made in the F.I.R. that this is the petitioner who had taken the son of the informant along with him to his house. Later on this very petitioner again took the parents of the 2 deceased to his house and shown the dead body of their son. The inquest report also suggests that the dead body was recovered from the house of the petitioner who was done to death as alleged in the F.I.R. supported by the post mortem report. Considering the nature of allegation and the submissions, I am not inclined to grant bail to the petitioner. The prayer for bail is rejected. S. Ali (Shailesh Kumar Sinha, J.)