IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1874 of 2011 Chhote Mukhiya & Anr. Versus The State Of Bihar 03. 16-08-2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. At the very outset, learned counsel for the petitioners points out that petitioner no. 1, Chhote Mukhiya has already died and accordingly, he prays for withdrawal of the bail petition on behalf of petitioner no. 1. Permission is accorded. Petition for bail on behalf of petitioner no. 1 namely Chhote Mukhiya stands dismissed being infructuous. Learned counsel for the petitioner points out that there is allegation that petitioner no. 2 along with one Chhote Mukhiya cut the neck of the deceased. It is contended by him that only one injury on the neck of the deceased has been found which negates the prosecution story. On the other hand, learned additional public prosecutor points out that the injured witnesses have also stated about the involvement of the petitioner as well as the role played by the petitioner in the present crime. Taking into consideration, the aforesaid facts and circumstances as well as the submissions of the 2 parties, I do not feel it proper to release the petitioner on bail. Accordingly, his prayer for bail in connection with Deodha P.S. Case No. 22 of 2010 pending in the court of Chief Judicial Magistrate, Madhubani stands rejected. AKV/- ( Hemant Kumar Srivastava,J.)