IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21168 of 2009 PHOOL KHAN, S/O MOBIN KHAN, RESIDENT OF VILLAGE- RATAN, P.S. GOGRI, DISTRICT-KHAGARIA………PETITIONER. Versus THE STATE OF BIHAR……………………………OPPOSITE PARTY. ----------- For the Petitioner : M/s. Shailendra Kumar Singh and Ranjit Kumar Singh, Advocates. For the State : Mr. R.P.S. Singh, A.P.P. ------------- 3. 6.10.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner has been made accused in a case for the offence punishable under Sections 364, 302, 201/34 of the Indian penal Code and Section 27 of the Arms Act. It is submitted on behalf of the petitioner that he has been made accused on the basis of his own confessional statement and except that there is nothing against him. It is further submitted that even in the confessional statement and protest petition filed by the informant, it has been stated that the accused Pyare Khan had fired at the deceased causing his death. It has been stated on behalf of the State that on the basis of the confessional statement of this petitioner dead body of the deceased was recovered supporting the manner of occurrence as described in his confessional statement. It is apparent therefrom that the petitioner had actively participated in the occurrence of the murder of the deceased at the behest of his brother, namely, Madan Sao. - 2 - Having regards to the facts and the circumstances of the case, I am not inclined to enlarge the petitioner on bail for the present. As a result, this application is dismissed at this stage. P.S. (Dr. Ravi Ranjan,J)