IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39626 of 2008 ABHISHEK MANDAL @ CHANDAN MANDAL Versus STATE OF BIHAR ----------- 4/ 12.1.2009 Heard. The petitioner Abhishek Mandal alias Chandan Mandal is in custody in a case under sections 302, 307, 120B and 34 of the I.P.C. and section 27 of the Arms Act. The case relates to the murder of one Babloo Rajhans who, as per the materials available in the case diary, had some rivalry with co accused Deepak Kumar Choudhary and on account of rivalry between the two in the liquor business, as indicated by the material, said Deepak Kumar Choudhary had hired some criminals so as to liquidating Babloo Rajhans. This could be apparently clear from the materials contained in paragraphs 14, 15 and 66 of the case diary and also the confessional statement as recorded under section 164 of the Cr.P.C. of co accused Prabhu Choudhary. The contention is that the petitioner did not have any business rivalry with said Babloo Rajhans nor the petitioner was in league with accused Deepak Kumar Choudhary and if the story of hiring criminals to liquidate the deceased Babloo 2 Rajhans is considered, then in that case, one of the co accused like the present petitioner namely Ashwani Choudhary alias Ashwani Kumar Choudhary has been admitted to anticipatory bail by a bench of this court in Cr. Misc. No. 44036 of 2008. A copy of the order has been produced before me. The Hon’ble Judge who admitted Ashwani Choudhary alias Ashwani Kumar Choudhary to anticipatory bail in the above miscellaneous petition had noticed the statement of Pankaj Kumar recorded under section 164 Cr.P.C. which named the said accused also as one of the accused but appears not taking into consideration the materials of the paragraphs I have referred above. The case involves deep conspiracy on account of rivalry in liquor business and hiring criminals and killing the rivals, considering which, this petition is dismissed. Anil/ ( Dharnidhar Jha,J )