IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32204 of 2009 DHARMANAND MANDAL son of Posan Mandal, resident of Village-Mahendrapur, Police Station-Palasi, District-Araria. Versus STATE OF BIHAR ----------- 3 10/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner is un-named accused in the First Information Report for the offences under sections 302/201/120B/34 of the Indian Penal Code. Counsel for the petitioner would submit that there is nothing beyond confession of co-accused Kamla Nand Mandal against the petitioner and therefore the petitioner who is in jail custody since 8.4.2009 and having also no criminal antecedent, would be entitled to be enlarged on bail. Counsel for the State, with reference to the materials collected in the case diary, would submit that the said confessional statement of the co-accused before the police is not plain and simple confessional statement rather on the basis of such confessional statement head of the deceased was recovered and therefore when he had also named the petitioner to be the only other person as his accomplice to have played role in the murder of the deceased, the petitioner cannot deserve to be enlarged on bail. In the opinion of this Court as only two persons are said to have been played role in the murder of the deceased and name of the petitioner has come on the confessional statement of co-accused 2 Kamla Nand Mandal as his accomplice and on the basis of such confession head of the deceased was recover, this Court is not inclined to grant bail to the petitioner for the present. Since there are only two accused in this case and both of them are in custody, the trial court would be under obligation to conclude the trial if the case has been committed to the court of Sessions within a period of one year from the date of receipt/production of a copy of this order. If trial of the petitioner is not concluded in the aforementioned period, the petitioner will have liberty to initially move the trial court for bail which will be under obligation to spell out reasons for not concluding the trial, whereafter only the petitioner may renew his prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)