IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.29089 of 2009 SAMBHU SAH, son of Rudal Sah, resident of Village – Phulbariya, P.S. Babubarhi, Dist. Madhubani ……………………….………… Petitioner Versus THE STATE OF BIHAR …………………….…… Opposite Party. ----------- For the Petitioner:- Mr. Gagandeo Yadav, Advocate. For the State:- Mr. C.P. Singh, A.P.P. ----------- 3. 06.10.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been made accused in a case registered under Sections 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that in paragraph 38 of the case diary one Ravi Ram has stated that the deceased had gone at the place of occurrence along with him and in the meantime he went to call Kapil Singh, who has made statement in paragraph 22, and when he came back he saw that all the accused persons were assaulting the deceased. It is submitted that two accused persons, namely, Ram Kala Devi and Surya Narayan Singh have been granted bail by this Court. The petitioner is stated to be under judicial custody since 27.02.2009. It is submitted on behalf of the State that on the confession of the petitioner that he had assaulted the deceased by dagger and gave the weapon to co-accused 2 Manoj Kumar Sah, who has concealed the same in his house beneath the pillow, the concerned weapon has been recovered from the house of co-accused, Manoj Kumar Sah concealed under the pillow. In paragraph 22 of the case diary, Kapil Singh has clearly stated that two persons, namely, Shambhu Sah and Manoj Sah were engaged in physical scuffle with the deceased. In view of the facts of the case that the weapon used in commission of the crime has been recovered exactly in the manner as has been stated by this petitioner, who has also confessed that he had assaulted the deceased by dagger, and also in view of the statement of an independent witness, Kapil Singh, as contained in paragraph 22 of the case diary disclosing that this petitioner along with co-accused Manoj Kumar Sah was engaged in physical scuffle with the deceased, I am not inclined to grant bail to the petitioner for the present. This application for grant of bail is dismissed at this stage. dk ( Dr. Ravi Ranjan, J. )