IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4803 of 2010 MD.MARUF, son of Late Md. Muslim, Resident of Dafali Tola, P.S. Arrah, Town, District Bhojpur …. Petitioner Versus STATE OF BIHAR … Opposite Party ----------- For the petitioner : Mr. Atal Bihar Pandey, Advocate For the State : Mr. Nityananand Tiwary, A.P.P. 2 05.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 147, 148, 149, 427, 153A and 295A of the Indian Penal Code. It is submitted that the petitioner is not named in the first information report and on the basis of the fact that some persons named the petitioner during the course of investigation, he has been made accused. It is submitted that the petitioner is in custody since 8.12.2009. Learned counsel for the State submits at the other hand that after consideration of the facts and circumstances bail of the petitioner has been rejected by the court below. However, liberty has been granted to the petitioner to move again for grant of 2 bail, if the trial is not concluded within 5 months from the date of the order. In the facts and circumstances this Court would not be inclined to grant bail to the petitioner, however, the petitioner, if so advised, would have liberty to again move for bail before the court below (which has rejected the prayer of bail by order dated 18.1.2010) after completion of 4 months in place of 5 months as stated in the order dated 18.1.2010 of the court below. If such application is moved, the court concerned shall dispose of the same without being prejudiced by rejection of prayer of bail by this Court. Accordingly, this bail application is dismissed with aforesaid observation. Spd/- (Dr. Ravi Ranjan, J.)