IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16601 of 2011 Babloo Mandal @ Babu Mandal @ Bablu Mandal Versus The State Of Bihar ----------- 3 01.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. The petitioner seeks bail in connection with Janki Nagar P.S. case No. 76 of 2010 giving rise to S.Tr. No. 89 of 2011 registered under section-302/34 of the Indian Penal Code and 27 of the Arms Act. There is allegation against the petitioner that he opened fire on deceased as a result of which, the deceased sustained fire-arm injury on the chest and while he was being taken to hospital, he died on his way. The contention of learned counsel for the petitioner is that in the year, 2002, the deceased had attacked the house of the petitioner for which Banmankhi (Janki Nagar) P.S. Case No. 130 of 2010 was instituted against the deceased and other persons and that is the reason, the petitioner has falsely been implicated in this case. It is also pointed out by him that co-accused, Prem Lal Mandal and Anil Mandal have already been granted privilege of bail by order dated 11.03.2011 passed in Cr. Misc. No. 11374 of 2011. The case of the petitioner is not similar to the above-said two accused persons because as per 2 prosecution case, the petitioner is main assailant. So, I do not think it proper to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Janki Nagar P.S. Case No. 76 of 2010 corresponding to Sessions Trial No. 89 of 2011 pending in the court of F.T.C. No.-V, Purnea stands rejected. AKV/- ( Hemant Kumar Srivastava,J.)