IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36339 of 2008 MANTU KUMAR, S/O- RANVIJAY SINGH @ BAKIL SINGH, RESIDENT OF VILLAGE AGANI, P.S. BELAGANJ, DISTRICT - GAYA Versus STATE OF BIHAR ----------- 3. 24.03.2009 Heard the parties. The offence alleged is under Sections 149, 302, 120B and other allied sections of the Indian Penal Code The allegation against the petitioner, in nutshell, is to the effect that all the accused persons including the petitioner demanded Rangdari from the informant. On not being paid the same, co-accused Nityanand Sharma and Bipin Singh fired at the son of the informant. The other co-accused including the petitioner were having pistol in their hand and they all were facilitating the demand of Rangdari and on failure, the son of the informant was killed. It is submitted on behalf of the petitioner that he has been implicated in a case which has been instituted in retaliation of a case filed against the informant by the father of the petitioner bearing Belaganj P.S. Case No. 161 of 2005. It is further submitted that one of the co-accused Mirtunjai Kumar @ Pintu Kumar has been allowed anticipatory bail by this - 2 - court vide order dated 18.08.2008 passed in Cr. Misc. No. 28950 of 2008, as such, petitioner also deserves to be allowed the privilege of anticipatory bail. Learned counsel for the State, upon perusal of the case diary, opposes the prayer for bail and submits that during investigation, the witnesses have specifically named this petitioner as well who was having a fire arms in his hand in connection with the demand of Rangdari and on failure of which, son of the informant was killed. He further submits that the witness to the occurrence namely, Nathun Singh in paragraph-27 of the case diary, specifically named this petitioner who was present alongwith the pistol in his hand and, as such, the case of the Mirtunjay kumar @ Pintu Kumar and the present petitioner does not stand on similar footing. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail on behalf of the petitioner is rejected. Jagdish/- (Shailesh Kumar Sinha,J)