IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35860 of 2010 MITHILESH SHARMA Versus STATE OF BIHAR -------- 03/ 09.12.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Although petitioner is not named in the FIR but during the course of investigation, statements of two witnesses, namely, Bipin Kumar and Chhotu Sharma were recorded which is evident from perusal of para 22 of the case diary. The aforesaid witnesses claimed to have seen petitioner and other accused in company of the deceased prior to alleged occurrence. Subsequently, co-accused Sanni Kumar was arrested by the police and he made his confessional statement leading to recovery of pistol which has been used in committing the murder of deceased. The aforesaid Sanni Kumar also disclosed about participation of this petitioner in the alleged crime. The offence is very heinous in nature and, therefore, considering the facts and circumstances as well as submissions of the parties, I am not inclined to grant privilege of bail to petitioner. Accordingly, his prayer for bail, in connection with Sultanganj P.S. Case no 78/2010 stands rejected. However, petitioner may renew his prayer for bail after framing of charge. shahid (Hemant Kumar Srivastava,J)