IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19228 of 2009 BASANT CHAUDHARY @ BASANT KUMAR CHOUDHARY SON OF SHREE MAHESH KAND CHAUDHARY RESIDENT OF VILLAGE YOGBANI WARD NO.8, DHARMSHALA ROAD, P.S.YOGBANI,DISTRICT ARARIA Versus STATE OF BIHAR ----------- 4/ 13.08.2009 Heard learned counsel for the parties. The petitioner is the sole named accused of Katihar (Yogbani P.P.) Rail P.S.Case No. 105 of 2008 (Sessions Trial No. 12 of 2009) which was registered for offences under Sections 394,302 and 412 of the Indian Penal Code and 25(1-A)(B) 26/27 of the Arms Act and later on Sections 307,326 and 324 of the Indian Penal Code have been added. According to allegation, the petitioner has killed two persons by firing directly from his country made pistol and attempted to kill third person by firing. Third person also received serious injury. When the petitioner was caught on chase, a country made pistol loaded with four live cartridge and two magazines each loaded with five rounds of live cartridges were recovered. A bag containing Indian Currency and Nepali currency was also recovered from possession of the petitioner. Submission is that the petitioner is mentally sick and he needs specialized treatment by the doctor of Central Institute of Psychiatry, Ranchi. So the petitioner may be granted bail. On the petition filed by the petitioner under Section 54 of the Code of Criminal Procedure, a report was called for by the court below from the concerned jail Superintendent who had reported that the 2 petitioner was admitted in jail hospital for treatment of jaundice. The petitioner is the sole named accused who has caused death of two persons and serious injury to another also. Considering the allegation, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)