IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15692 of 2009 1. CHHATHU SAH 2. BHAGAT SAH 3. NAGENDAR SAH 4. SURENDAR SAH -- PETITIONERS. Versus STATE OF BIHAR -- OPP. PARTY. ----------- 3 27.07.2009 Heard both sides. Petitioners seek bail in a case instituted under Sections 302/34 of the Penal Code. As per allegation in the F.I.R., the deceased who was working as T.T.E. in the Railways was going to attend the job. The accused persons are said to have assaulted the deceased with sharp cutting weapon and killed him. It appears that the informant made that allegation based on information transmitted to him by the wife of the deceased. In course of investigation, it has come that the father of the present petitioners was killed prior to the present occurrence in which the deceased and his brothers were made accuseds. Deceased had come out from the jail custody and was providing economic strength to the family to fight out the case. This probably was the bone of contention between the parties and also provides a strong motive for commission of the present trial. Apart from that, there are some materials in the case diary to indicate that prior to the occurrence the petitioners had threatened the deceased with dire consequences. There is also 2 evidence on record to suggest that on previous night of the alleged occurrence, the accused persons were seen conspiring outside the house. Statement of the wife recorded at paragraph no.16, thus, also lends support to the allegation that the deceased was done to death at the hands of the accused persons who are brothers inter- se and were motivated primarily by the fact that their father is done to death in the recent past at the hands of the deceased and his brothers. It appears that petitioners are in custody since 20.02.2009. In the facts and circumstances of the case, this court is not inclined to extend the privilege of bail to the petitioners. Prayer for bail made on behalf of the petitioners is rejected. However, if the trial of the case is not taken up within a year from the date of receipt/communication of a copy of this order in the court below, petitioners shall have liberty to renew their prayer for bail. Sym/ (Kishore K. Mandal, J.)