IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41118 of 2009 Hariman Choudhary, Son of Late Daya Choudhary, Resident of Village Narkatia, Police Station Gopalpur, District West Champaran. ----------- Petitioner Versus The Stat of Bihar -------- Opp. Party ----------- 2 1.12.2009 Learned counsel for the petitioner and counsel for the State. Considering the fact that the allegation against the petitioner for offence under Sections 364(A)/302/201/120(B)/34 of the Indian Penal Code has surfaced not only on account of the incident in question being found to be true as emanating from the murder of Jitendra Kumar Patel, the deceased, under suspicious circumstances but also that the co-accused Ashok Yadav, in his confessional statement, has given details of such planning and its execution in which the petitioner, having criminal antecedent, has also been given some role to play, this Court is not inclined to grant bail to the petitioner only by making a distinction that no specific overt act was alleged by the aforesaid co- accused as against the petitioner. The confessional statement in fact would go to 2 show that the petitioner was also an integral part of the occurrence in question and when this Court has refused bail for the similar allegation against Umesh Chaurasia as also Naushad Alam, no exception can be made in the case of the petitioner. That being so, this Court is not inclined to grant bail to the petitioner and accordingly, the prayer for bail of the petitioner, namely, Hariman Choudhary is hereby rejected. Rsh (Mihir Kumar Jha, J.)