IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41333 of 2008 MD.SAZID & ANR Versus STATE OF BIHAR with Cr.Misc. No.49194 of 2008 MD.YUSUF Versus STATE OF BIHAR With Cr.Misc. No.7246 of 2009 MD.BECHAN & ANR Versus STATE OF BIHAR ----------- 7 18 .04.2009 Cr. Misc. No. 41333 of 2008 filed by Md. Sazid and Md. Ghusk @ Ghusuk, Cr. Misc. No. 49194 of 2008 filed by Md. Yusuf and Cr. Misc. No. 7246 of 2009 filed by Md. Bechan and Md. Manzoor have been taken up together as they arise out of the same Isha Chak P.S. Case No. 59 of 2008 registered under section 302/34 and section 27 of the Arms Act and having been heard together is being disposed of by this common order. All the five petitioners aforesaid are named in the FIR which is based on the fardbeyan of Pintu Rai, the brother of deceased Buchi Mandal @ Buchi Rai @ Buchia. According to the prosecution story on getting information from his bhagina, Mukesh Shah, regarding some criminals having fired on Buchia near the house of Rania Khatoon, the informant rushed there and found his brother lying naked and having several injuries on his person. Buchia was removed to the hospital in an auto rikshaw but 2 enroute he succumbed to his injuries. It is also stated in the fardbeyan that Rania was a concubine of Buchia and the accused persons in a planned manner brought his brother near the railway line and shot him with fire arms. The joint submissions on behalf of the petitioners is that they are innocent and the deceased having a criminal antecedent, as spelt out in the fardbeyan itself, presumably was done to death by someone else. It is also submitted that the petitioners have no criminal antecedent. It is true that Buchia carried a criminal antecedent but one Begum Khatoon in paragraph 12 of the case diary stated before the police that saw the deceased talking to Rania at around 9 P.M. when all of a sudden the accused persons armed with pistols caught hold of Buchia and even as Sajid and Ghusuk caught hold of both hands of Buchia behind his back and dragged him towards the railway line and fired at him and fled towards the north. Rania Khatoon, the concubine of the deceased Buchia, in her statement recorded under section 164 Cr.P.C. has more or less supported the statement of Begum Khatoon and has also named the accused persons along with others . It appears from the impugned order of the learned Presiding Judge, F.T.C. No. I, that charges have already been framed against the accused. In the facts and circumstances of the case I am not inclined to grant bail to the petitioners who were last seen together 3 in the company of the deceased prior to his death. Accordingly their prayer for bail of all the petitioners of the three cases is rejected. Spd/- (Abhijit Sinha, J.)