IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1613 of 2009 Pawan Mahaldar S/o Tarni Mahaldar, resident of Tulsi Mishra Lane, P.S. Nath Nagar, District- Bhagalpur ----- Petitioner Versus STATE OF BIHAR ----------- 5 04-05-2009 Petitioner Pawan Mahaldar, one of the F.I.R. named accused, is in custody in connection with Nath Nagar P.S. Case no.103 of 2008 which initially was registered under Section 364 and 120B I.P.C. to which Section 302 I.P.C. was added subsequently. The allegation against the petitioner is that he along with other co-accused and Abhishek, the son of the informant, indulged in excessive drinking whereafter deceased Abhishek took the petitioner on his motorcycle to Bhagalpur wherefrom he became traceless. The petitioner was subsequently apprehended by Parbatta police and from his possession as per paragraph-6 of the case diary, several items including SIM Card belonging to deceased Abhishek was recovered. The motorcycle of Abhishek was recovered from the place where the petitioner was arrested. It has been submitted by the learned counsel for the petitioner that co-accused Bishnu Sah, Niraj Sah and Golden Sah have been enlarged on bail by the order dated 2.9.2008 passed in Cr.Misc.No.24733 of 2008 and 27595 of 2008 and the accused petitioner is similarly situate as that of those co-accused who have been enlarged on bail. I have perused the order dated 2.9.2008 and it appears therefrom that the bail of those co-accused have been procured by misrepresenting the fact before the Bench of this Court that they were not - 2 - named in the F.I.R. whereas factual matrix is that Bishnu Sah, Niraj Sajh and Golden Sah who have been released on bail are specifically named in the F.I.R. Therefore, the release of those co-accused does not come to the rescue of the petitioner. That apart, there is no explanation as to why the motorcycle and articles belonging to the deceased were found near / in possession of the petitioner. In the facts and circumstances of the case, I do not find any reason to release the petitioner on bail. His prayer for bail is accordingly rejected. NKS/- (Abhijit Sinha, J.)