IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43628 of 2010 PRAMOD PASWAN SON OF SRI SAHDEO PASWAN Versus THE STATE OF BIHAR 3 02.02.2011 The present is repeat application seeking bail in a case instituted under Section 302/34 IPC and Section 27 of the Arms Act. Petitioner has earlier approached this Court for bail which was considered and rejected by order dated 10.5.2010 passed in Cr. Misc. No. 6505 of 2010 (Annexure-1). Said order would eloquently indicate the reasons for refusal of bail. This is a case in which the informant and others were intercepted on way by a group of persons and thereafter two of them were taken out from the vehicle and shot down. Learned counsel for the petitioner, referring to the F.I.R., submits that there is no allegation of firing attributed to the petitioner. It is also submitted that he is in custody since 15.10.2009. His previous bail application was rejected in the following manner: “”Accordingly the application is dismissed at this stage.” Learned counsel appearing on behalf of the informant, on the other hand submits that the occurrence has been committed in a very planned manner in which the petitioner has been assigned active role. It is next submitted that the trial has already been taken up in which as many as 09 witnesses have till date been examined. Having regard to the materials on record and after - 2 - having heard both the parties, this Court is not inclined to direct release of the petitioner for bail. Accordingly, prayer for bail is rejected. Considering the submission that the petitioner is in custody since 15.10.2009 and the trial has already been taken up in which several witnesses have already been examined, this Court grants liberty to the petitioner to renew prayer for bail in the said Court itself, if all prosecution witnesses are not examined within six months from the date of receipt/communication/production of a copy of this order. In that event, the Court below/Trial Court shall consider his case for bail on merit and dispose of the same in accordance with law uninfluenced by the present order. pkj (Kishore K. Mandal, J)