IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27112 of 2008 MANOJ KUMAR @ MANOJ B.C. SON OF LATE CHANDRA PD. RESIDENT OF MOHALLA KUNKUN SINGH LANE,P.S.PIRBAHORE,DISTT.PATNA Versus STATE OF BIHAR ----------- 3/ 14.11.2008 Heard learned counsel for the parties. The petitioner is an accused of a case which has been registered for offences under Sections 302/34 and 120(B) of the Indian Penal code and 27 of the Arms Act. Informant Kanchan Kumar has alleged in his fardbeyan that this petitioner and three others fired indiscriminately causing death of Pinku Chaudhary. Submission is that the informant of the present case has been killed on the day of following of the occurrence and in that case the wife of the deceased Kanchan has been examined under Section 164 of the Code of Criminal Procedure in which she has stated that her mother-in-law who is mother of the informant of the present case was responsible for killing of her own son because she was having illicit relationship with Pinku Chaudhary. Further submission is that on the date of occurrence, the petitioner was on official duty in Science College where he is posted. So it was not possible for him to come at the place of occurrence at the time of occurrence. It is also submitted that the post mortem report does not corroborate the prosecution case and the petitioner is in jail custody since 5.1.2008. Post mortem report shows that the deceased Pinku Chaudhary has a number of anti-mortem entry wounds of fire arms. This corroborates the prosecution 2 case. The petitioner has been shown to be one of the assailants of the deceased of this case. Considering the allegation and in the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)