IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11827 of 2011 Awadhesh Musahar @ Awedhesh Musahar Versus The State Of Bihar ----------- 4 11-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is languishing in jail custody since 30.07.2009 in connection with Sessions Trial No. 120 of 2010 arising out of Rajpur P.S. Case No. 53 of 1999 registered under section-302 of the Indian Penal Code. There is specific allegation against the petitioner that he committed murder of informant’s father by assaulting him with Tangi. The contention of learned counsel for the petitioner is that according to prosecution case itself, the alleged occurrence took place on 03.08.1999 at about 7.00 p.m. but the first information report was lodged on 04.08.1999 whereas statement suggests that after the alleged occurrence, he went to village- Chughar and after that he lodged the present case and the aforesaid circumstance indicates that the informant is not an eye witness of the alleged occurrence. Considering the above-said submission as well as circumstances of the case and also keeping in mind that the petitioner evaded his arrest near about 8 years, I do not feel it proper to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in 2 connection with Sessions Trial No.120 of 2010 arising out of Rajpur P.S. Case No. 53 of 1999 pending in the court of A.D.J. F.T.C. No.-I, Buxar stands rejected. AKV/- ( Hemant Kumar Srivastava,J.)