IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38809 of 2011 Munni Mahton @ Munshi Mahton Versus The State Of Bihar ---------------------------------- 3 22-12-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in jail custody since 14-09- 2011 in a case registered under Sections-302/34 of the Indian Penal Code on the charges that he committed the murder of the deceased by cutting his neck with Gadansa. Learned counsel for the petitioner submits that the petitioner is an old man and his eyesight is very weak and as a matter of fact, he has falsely been implicated in this case on account of previous litigation and land dispute. It is further contended by him that the informant is not an eye witness of the alleged occurrence which is evident from the postmortem report itself because the postmortem report reveals that the time elapsed since death was between 6 to 9 hours and, therefore, the alleged occurrence had not taken place at 10.30 p.m. Although learned counsel for the petitioner tried to convince me about the innocence of the - 2 - petitioner but I am not at all convinced with his submission. Accordingly, prayer for bail of the petitioner in connection with Jamui P.S. Case No. 300 of 2011 pending in the court of Chief judicial Magistrate, Jamui is, hereby, rejected. However, learned Chief judicial Magistrate, Jamui is directed to commit the case of the petitioner to the court of Sessions in accordance with law as early as possible. AKVishwakarma ( Hemant Kumar Srivastava, J.)