IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34200 of 2010 SUBODH KUMAR MANDAL @ SUBODH MANDAL, son of Ram Uday Mandal, resident of village Tilak Tajpur Pota, Police Station Runi Saidpur, District Sitamarhi. Versus THE STATE OF BIHAR . ----------- 2 7.10.2010 Having heard counsel for the petitioner and counsel for the State as also taking into account the materials on record showing complicity of the petitioner in a high way robbery for committing offence u/s 394, 364/411 I.P.C. this Court would not be inclined to grant bail to the petitioner specially when it is said that he was apprehended at the spot itself with co-accused Gopal Jha. Counsel for the petitioner, however, would submit that it was on some misconception that the petitioner was apprehended by the mob and that the petitioner has got no criminal antecedent and as such possibility of his being a member of the gang of four miscreants indulging in mockery seems to be quite bleak. In the opinion of this Court, the manner in which the petitioner resident of village Tilak Tajpur Pota is said to have been apprehended at village Chainpur with the snatched motorcycle and arms and such version has also been being supported by large number of independent persons as recorded in the case diary will itself rule out the possibility of false implication of the petitioner. That being so, prayer for bail of the petitioner is rejected for the present especially when he is in custody only since 16.7.2010 with a direction to the trial court to conclude the trial 2 within nine months from today. In the event such trial of the petitioner is not concluded in the aforesaid period he will have liberty to renew his prayer for bail after completing one year of his judicial custody from today, initially before the trial court which would record reasons for not concluding the trial in the aforesaid period whereafter the petitioner may move this Court for grant of bail. Let a copy of this order be sent to the concerned trial court forthwith. Abhay Kumar ( Mihir Kumar Jha, J.)