IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33936 of 2008 BALBIR YADAV Versus STATE OF BIHAR with Cr.Misc. No.24688 of 2008 ASHOK SHARMA Versus STATE OF BIHAR ----------- 4 11/09/2008 Above noted applications arise out of the one occurrence i.e. Makhdumpur (Tehta) P.S. Case No. 321 of 2007 as such they are being heard together and disposed of by this common order. The petitioners seek bail in a case registered under sections 302, 307, 120 B/34 of the Indian Penal Code and section 27 of the Arms Act. Prayer for bail of the petitioner Balbir Yadav has been earlier rejected vide order dated 22.5.2008 and he has renewed his prayer for bail within three months from the date of earlier rejection. The case relates to killing of an Advocate who was working on behalf of the informant who happens to be his son. Allegation is that the informant was being pressurized to compromise the case and on account of that, his father was threatened. The motive of killing was non-compromise of the case by the deceased. Submission is that the FIR itself describes the entire manner of occurrence and the petitioners are not named in the FIR. Some other co-accused persons having similar allegation have been admitted to bail. The police has not investigated the case properly and has done nothing to implicate the FIR named accused persons against whom - 2 - there is specific overt act. The death might have been caused on account of other reasons and the petitioners have been implicated with an ulterior motive. In earlier prayer for bail some developments have not been taken into consideration even in protest petition which was filed on behalf of the informant. Later on in course of investigation there was no role of either of the petitioners. Prayer for bail of the co-accused was rejected considering every things and in that case and all the argument were taken into account and the prayer for bail was rejected. This is a case of killing of not an individual rather of an advocate in the capacity of being advocate. The role of the petitioners transpired in killing during the entire investigation. Considering the allegations, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for bail is rejected. avin (Shyam Kishore Sharma, J.)