IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32837 of 2008 PRAKASH MANDAL Versus STATE OF BIHAR ----------- 2. 29.8.2008 Heard. The petitioner is in custody in a case under Section 302 of the IPC and the allegation is that he along with two named accused persons took the deceased with them and while they were away at some distance, the wife of the deceased heard the sound of gun shot. She rushed and found her husband had been killed by accused Sintu Mandal. The contention is that this petitioner is not the assailant of the deceased and that he is merely alleged to be one of the three persons but one has always to keep in his mind that it is a case of planned murder in its own manner. Besides, the petitioner is bearing a long criminal antecedent, considering which the petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )