IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4872 of 2009 BHAGWAN DAS S/O LATE BITHAL DAS, R/O VILLAGE- ADAMPUR, P.S. & DISTRICT- JEHANABAD Versus STATE OF BIHAR with Cr.Misc. No.43182 of 2008 1. DINESH BIND S/O LATE RAJA RAM BIND 2. JAI BIND, S/O LATE RAJA RAM BIND BOTH R/O VILLAGE- DHANDHAR BIGHA, P.S. & DISTRICT- JEHANABAD Versus STATE OF BIHAR ----------- 2 24/03/2009 Above noted applications arise out of one occurrence i.e. Jehanabad P.S. Case No. 04 of 2004, have been heard together and are being disposed of by this common order. The petitioners are named accused of a case which has been registered under sections 302 and some other sections of the Indian Penal Code. On 21.1.2004 at about 10.00 PM hundred members of extremist group attacked upon the house of the informant and the petitioners were amongst them. They dragged away the informant’s father who was later on shot at. The informant rushed to his father,,m who told him that he was shot at by these petitioners and others. Submission is that the injuries of the injured who later on died was such that he could not have described as to whoa re the assailant. So the allegation of making dying 2 declaration is palpably false and the petitioners have been implicated on account of enmity. The occurrence is divided in two parts. In one part the accused persons entered into the house of the informant and dragged away his father and in the second part informant’s father was fatally injured. Prior to death the injured has named the petitioners as assailants. Considering the above facts, I am not inclined to enlarge the petitioners of both the cases on bail. Accordingly, their prayer for bail is rejected. avin (Shyam Kishore Sharma, J.)