IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28349 of 2009 SAROJ RAI, son of Ram Nath Rai, resident of village Hirani Bag Goshala, P.S. Chapra Mufassil, District Saran Versus STATE OF BIHAR ----------- 3. 8.10.2009 Heard counsel for the petitioner and the counsel for the State as also the counsel for the informant. Though counsel for the petitioner would submit that the petitioner on the basis of allegation was at best an accomplice or an abettor and not the main assailant, the facts of the case give rise to different impression altogether. Here it is the petitioner who had first come out to attack the informant by pulling him out of the car and when his grand-father, the deceased Shambhu Rai, went to rescue the informant, he is also said to have been attacked as also killed after being chased by the other members of the mob. In a situation like this, the petitioner’s role cannot be minimized to be of an order giver or an accomplice only. For the aforesaid reasons this Court is not inclined to grant bail to the petitioner for the present, especially when 2 such allegation against him also gets supported from the statement of one independent witness, namely, Birendra Prasad before the police. Thus the prayer of the petitioner for grant of bail is hereby rejected. The petitioner however is in custody since 28th April, 2009 and also claims to have no criminal antecedent and therefore, he is given liberty to renew his prayer for bail before this Court, after completing one year of his judicial custody. (Mihir Kumar Jha,J.) Surendra/