IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22671 of 2009 KARTIK CHOUDHARY Versus STATE OF BIHAR ----------- 2 24.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under diverse sections of Indian Penal Code including Section 302 IPC. As per prosecution case, the deceased was coming home. They were on two motorcycles. The motorcycle which was moving ahead was being driven by Nand Kishore on which his deceased brother was sitting followed by another motorcycle driven by one Kanhai Ydav and informant was sitting behind. The allegation is that as they reached near the canal, one motorcycle driven by the petitioner followed the motorcycle on which the deceased was sitting. Co-accused Sanjay Choudhary was pillion rider. They tried to stop that motorcycle but failed and started following the motorcycle and when reached near the motorcycle, pillion rider Sanjay Choudhary fired at the deceased which ultimately caused death. Counsel submits that the allegation of firing is against Sanjay Choudhary, with whom, the deceased had some animosity. The manner of occurrence depicts active participation of the petitioner also in the crime. The impugned order indicates the prosecution case has been amply supported by the witnesses. Petitioner is in custody since 12.2.2009. In the facts and circumstances of the case, this court is 2 not inclined to admit him to bail. His prayer for bail stands rejected. However, looking to the entire circumstances, this court grants him liberty to renew his prayer for bail after seven months, if in the meanwhile, the case is not taken up. pkj ( Kishore K. Mandal, J. )