IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35186 of 2008 RAJ KISHORE THAKUR … … Petitioner Versus THE STATE OF BIHAR … … Opp. .Party For the petitioner: Shri Sanjeev Kumar For the State: Shri Dashrath Mehta, APP ----------- 3. 2.12.2008 Heard. The case is under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is named in the F.I.R. The informant is not an eye witness. He learnt abut the incident from some villagers who were taking the names of five accused persons including the present petitioner as persons who had shot and killed his brother Ajay Kumar Sharma. The motive for the occurrence was that accused Munna Singh had received about Rs. 8 lakhs towards consideration money for selling the land to the deceased but was not transferring the land by registering the sale deed for which the deceased had made several requests and, as such, the accused persons had held out a threat that they will get him killed which fact was stated by the 2 deceased to his wife. While dismissing the prayer for bail the learned Additional Sessions Judge, Naugachia, referred to three paragraphs of the case diary in his order. Paragraph 17 is the further statement of the informant and he has stated that the villagers told him that the deceased was shouting and taking the name of this petitioner as also others as assailants and those were the names of the accused figuring in the F.I.R. Similarly paragraph 18 is the statement of another witness Pappu Sharma who has stated that he heard the deceased shouting and taking the names of the accused who had shot and killed him. That name includes the petitioner also. As regards paragraph 47 of the case diary, there is no substantial material in that paragraph. Paragraph 43 of the case diary is the statement of the wife of the deceased and she has stated about the transaction and conduct of accused Munna Singh as regards the sale of the land. The post mortem examination report is copied in paragraph 125 of the Case diary and it is indicated on perusal of the 3 same that there were as many as six wounds of different dimensions which were caused by firearm injuries and the death resulted on that account. Considering the material in the case diary and the statements of some of the witnesses indicating that the deceased was taking the name of the petitioner, the petition is dismissed. Kanth ( Dharnidhar Jha, J.)