IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9277 of 2009 1. Subhash Ram 2. Sohrai Ram, both sons of Dena Nath Ram, resident of Village- Biran Chak, Police Station, Janipur, District-Patna ----------- Petitioners. Versus The State of Bihar ------------- Opposite Party. --------- 2. 4.3.2009 Heard Mr. Sunil Kumar Pathak for the petitioner. None appears on behalf of the State of Bihar. The petitioners pray for bail in Shahpur P.S. Case No. 135 of 2007, registered under sections 302/201 of the Indian Penal Code, and section 27 of the Arms Act, pending in the court of the learned Additional Chief Judicial Magistrate, Danapur. This is the second attempt of the petitioners. Their previous bail application bearing Cr. Misc. No. 34122 of 2008 was rejected by order dated 27.8.2008 (Annexure-1). Learned counsel for the petitioners submits that they were lodged in Beur jail in connection with a different criminal case for the period 1.3.2006 to 27.7.2007, and the alleged occurrence in the present case is said to have taken place 16.8.2006. In view of their incarceration, it is submitted that they could not have committed the crime during that period. He next submits that they are already in custody in the present case since 12.4.2008. We have perused the materials on record and considered the submissions of learned counsel for the petitioners. Learned counsel for the petitioner has not been able to bring to the notice of this Court any development after rejection of their previous application. The deceased was aged about 35 years at the time of the occurrence. In 2 view of the statements occurring in the case diary pointing towards clear involvement of the two petitioners in the murder of the deceased, I am not inclined to release the petitioners on bail. It is accordingly rejected. Vinay/ ( S. K. Katriar ,J. )