IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22171 of 2008 SHANKAR MAHTO Versus THE STATE OF BIHAR - - - - 3. 12.8.2008 Heard. The petitioner is named in the F.I.R. of a case under Section 302 of the Indian Penal Code and some of the facts are that the petitioners was not sent up for trial and he was summoned by a court under Section 319 of the Code of Criminal Procedure and that summoning order was quashed as per the orders of this Court. Subsequently, the police submitted chargesheet sending up the petitioner for trial. The allegation against the petitioner is that he along with accused Alok Mahto fired shot at the wife of the informant and the lady was killed. The learned Additional Sessions Judge who dismissed the prayer for bail has discussed the material as also the medical opinion with dimension of the injuries and according to him the petitioner was one of the assailants of the deceased. The contention was that there was 2 absolutely no material in the case diary showing the complicity of the petitioner and that the other accused of the case have been acquitted. Learned Additional Sessions Judge has rightly held that acquittal of other accused and evidence adduced during that trial could not be of any benefit to the petitioner. As regards the material, the petitioner has been specifically alleged to have fired at the deceased and there is support of the incident from the witnesses examined in the case diary in paragraphs 11, 23 and 36 specifying that it was the petitioner who shot and killed the deceased. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)