IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22779 of 2008 MANOJ @ BULBUL SAO Versus STATE OF BIHAR ----------- 4. 18.8.200 8 Heard. Petitioner Manoj @ Bulbul Sao is in custody in a case under Section 302 IPC and is alleged to have fired the shot into the rib cage of the deceased with a pistol so as to killing him. The contention is that the title suit for the property, in which the deceased was residing, was pending between him and his brother who happened to be the father-in-law of the petitioner and that the petitioner had nothing to do with that dispute or property. The second contention is that the witnesses like the full brother of the deceased and the nephew, have not supported the participation of the petitioner in the occurrence and some others examined in a few more paragraphs have also not stated the name of the petitioner as the person who had shot dead the deceased. The third contention is on the probability of false implication, when it was contended that the other co-accused, also named Manoj Sao who happened to be the Shala of this petitioner, was on the relevant date in custody but he has also been alleged in the FIR as one of the participants. There could be many probabilities arising from the facts of the case as could be motives to many persons. Those things could be falling for decision by the trial court. Going by the allegations as made in the FIR, what appears presently is that the petitioner is the assailant of the deceased, considering which, the petition is dismissed. B.Kr. ( Dharnidhar Jha, J. ) 2