IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14754 of 2010 GUDDU RAI @ SUNIL RAI Versus STATE OF BIHAR ----------- 3 26.05.2010 Heard the counsel for the petitioner, Guddu Rai @ Sunil Rai who is in custody since 15.03.2010 in Nasiriganj P.S. Case No. 163/09 u/S 302, 307,324/34, 449 of the IPC and also heard the learned APP appearing for the state. According to the prosecution case, this petitioner alongwith two co-accused persons murdered Durbhas Rai. The informant alleged that the petitioner, Guddu Rai had caught the legs of Durbhas Rai and Munni Sah gave Kanta blow on him as a result of which he died. Thereafter, they also attempted to murder the informant but anyhow on hulla, when the villagers came, accused persons fled away. The learned ounsel for the petitioner submitted that the petitioner has been falsely implicated and that the injury report of the informant is not consistent with the statement made in the F.I.R. The learned counsel further submitted that so far Durbhas Rai is concerned, main assailant is Munni Sah and not this petitioner. On the otherhand, the learned APP objected the prayer for bail. From perusal of the case diary, it appears that the witnesses have consistently supported the case of the 2 prosecution and it is the case that this petitioner caught hold of the legs of the deceased while he was sleeping and the other co-accused gave Kanta blow, I am not inclined to grant bail to the petitioner. Accordingly, it is rejected. AKV/ (Mungeshwar Sahoo,J.)