IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35364 of 2010 OM PRAKASH KUSHWAHA son of late Pramod Prasad, resident of village-Balua, Rampurwa, P.S.- Bairiya, District- West Champaran. Versus THE STATE OF BIHAR with Cr.Misc. No.45359 of 2010 MANOJ KUSHWAHA son of Brij Kishore Prasad Kushwaha, resident of village-Balua Rampurwa, P.S.- Bairiya, District- West Champaran. Versus THE STATE OF BIHAR ----------- 5 25.2.2011. Since both the cases arise out of same first information report, they have been heard together and are being disposed of by this common order. The petitioners aforesaid, who are in custody in connection with Bettiah Town P.S. Case No. 264 of 2010 for the offence under sections 302/34 and 120B of the Indian Penal Code, have prayed for grant of bail. It was alleged by the informant that his brother-in- law was taken away by the accused persons and, thereafter, information was given to the police. On information, the police arrived at a place where his brother-in-law was kept. After noticing the police, the accused persons started fleeing away and in that course even the accused persons fired on police but on chase three accused persons were arrested. Out of three accused persons, one is Manoj Kushwaha, who is petitioner in Cr. Misc. No.45359 of 2010. From the house in question the dead body of brother-in-law of the petitioner was recovered. On his forehead, from a close range firing was made. The accused persons including the petitioner Manoj Kushwaha, were arrested from the house where dead body was 2 found. However, three accused persons fled away after opening firing upon the police. After being apprehended, the petitioner, Manoj Kushwaha was questioned by the police where he made disclosure naming Om Prakash Kushwaha, who is petitioner in Cr.Misc. No.35364 of 2010 as one of the associates who fled away. Learned counsel for the petitioner submits that against petitioner, Om Prakash Kushwaha, save and except confession of the petitioner-Manoj Kushwaha, there is nothing on the record to connect the petitioner, Om Prakash Kushwaha, in the present case. Regarding the petitioner, Manoj Kushwaha, it was submitted that false case has been made out against him and it was shown that he was arrested from the house where the dead body was found. Actually, according to the learned counsel for the petitioner, he was arrested from different place and he was made accused in the present case. Mr. Keshav Srivastava, learned senior counsel appearing on behalf of the informant, has strongly opposed the prayer of both the petitioners. It was submitted that Manoj Kushwaha had made confession before the raiding party. It was submitted that from close range firing was made. It was further submitted that the petitioner-Om Prakash Kushwaha is involved in number of serious cases. He has referred to paragraph 76 of the case diary to show that he is accused in number of cases. Mr. M. Haque, learned Additional Public Prosecutor has also opposed the prayer for bail. In view of the facts and circumstances, the court is 3 not inclined to extend the privilege of bail to the petitioners. Accordingly, both the petitions stand rejected. Md.S. ( Rakesh Kumar, J.)