IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20718 of 2009 ***** Bishwanath Mahto son of Late Sita Mahto, resident of village- Satwariya P.S. Sikarpur District West Champaran (Bihar). …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 10.9.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is one of the named accused in Champatia (Sirisiya O.P.) P.S. Case No.170 of 2008, which was registered under Sections 147/148/149/447/341/324/307/302/379/354 of the Indian Penal Code and 27 of the Arms Act. Submission of the counsel is that the petitioner is only a part of the mob and there is no overt action assigned to him even in the F.I.R. and to that extent he should be enlarged on bail. The informant has filed a detailed counter affidavit and has categorically stated that the crime in question has been organized and committed at the behest of this petitioner, who has no care for law. The deceased and the informant are law abiding citizens civil case have been going on over the piece and parcel of land, even injunction order came to be passed in favour of the informant’s family but the petitioner has defied the same and took law in his own hands. It is also stated that the petitioner is threatening of more crime and murder, if he is let out on bail, to ensure that the property in question does not remain with the family, whatever be the consequences. After perusing the material which has been brought on - 2 - record in the counter affidavit and the circumstances in which the said case has come to be lodged this Court has no hesitation in recording that the petitioner is the prime mover of the crime and he actually does not have any care for law. Enlarging the petitioner on bail at this stage is going to create more crime situation. His prayer for bail is hereby rejected. Pawan/- (Ajay Kumar Tripathi, J.)