IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29873 of 2008 VIJAY MAHTO @ NARENDRA KUMAR Versus STATE OF BIHAR - - - - 2. 8.8.2008 Heard. The case is under Section 302 of the Indian Penal Code and the story is that for not paying Rangadari to a criminal who was in jail his cohorts who appeared equally dreaded criminals, five in number, riding on the motorcycles intercepted a bus, pulled down the cleaner and the driver of the bus and shot dead the driver who simply showed his helplessness in doing anything on the demand of Rangadari. When the cleaner ran for life, this petitioner and accused Lato Mahto fired at him. Considering the serious nature of the offence, I am not inclined to exercise discretionary power under Section 439 of the Code of Criminal Procedure in favour of the petitioner. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)