IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11636 of 2010 DIWAKAR JHA Versus STATE OF BIHAR ----------- 3 8.7.2010 Heard counsel for the petitioner and the State. The petitioner is an accused in a case under section302/34 of the Penal Code. It is alleged by the informant that on 19.6.2009 at about 10.15 A.M. some unknown miscreants gunned down his father Deo Narayan Mishra @ Debu Mishra while he was on way to the Civil Courts. It is further alleged that his deceased father was Addl. P.P. and was engaged in several cases against many criminals. It has further been stated that two miscreants riding on a motor cycle have committed the murder of his father by firing at him. Learned counsel for the petitioner submits that there is no direct evidence against him and no one has seen him firing at the deceased. He submits that it would appear from perusal of paragraph 34 of the case diary that he would be the person who was driving the motor cycle, while one Vijay Rathore would be sitting behind him as pillion rider. As such at best the prosecution can allege that Vijay Rathore could have been in a position to open fire and kill the deceased. Counsel for the State submits that one Rezabul Mian vide paragraph 34 of the case diary stated that just after the occurrence he saw people chasing a motor cycle which was 2 KHAN being driven by the petitioner and one Vijay Rathore was sitting behind him. People were also shouting that they had killed Debu Babu. A letter written by a noted criminal Dinesh Rathore was recovered also from the house of the petitioner. The petitioner is also an accused under the Arms Act. The materials coming in the investigation show the complicity of the petitioner in the crime. In the circumstances, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. The trial court is directed to expedite the trial of Araria P.S. Case No.263 of 2009 so as to conclude the same within a period of nine months from the date of receipt of a copy of this order. If the trial is not concluded within the aforesaid period, the petitioner may renew his prayer for bail. (S.P.Singh,J)