IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40443 OF 2008 RAM PRAVESH MAHTO, SON OF SARYUG MAHTO, RESIDENT OF VILLAGE PITAUNJIYA, POLICE STATION BHADAUR, DISTRICT PATNA VERSUS STATE OF BIHAR *********** 2 10.12.2008 Heard the parties. Offences alleged are under Sections 148, 149, 324, 302, 201 of the Indian Penal Code. It is submitted that prior to filing of the complaint case as contained in Annexure-1, a case vide Bhadaur Police Station Case No. 30 of 2000. Police after investigation submitted final form expressing suspicion against the co-accused Bijli and did not charge sheet this petitioner. The learned Magistrate however considering the allegations in the complaint has taken cognizance against the petitioner as well. It is submitted that specific allegation is against the co-accused Bijli Yadav from whose firing the deceased sustained injury and later on died. Although, the allegations are against the other accused persons including the petitioner that they have fled away while firing. The further allegation is that the accused persons have chopped off the head of the deceased to destroy the evidence. It is further submitted that the petitioner has been falsely implicated and there is no criminal antecedents against the petitioner. - 2 - The learned A.P.P. appearing on behalf of the State opposed the prayer for bail and submits that as the nature of the allegation attributed against all the accused persons are very serious in nature and heinous as well that the accused persons after committing murder of the son of the informant chopped off the head of the deceased. Besides the above, the deceased has been found to have sustained 6-7 fire arms injuries. Considering the facts and circumstances of the case, I am not inclined to allow this petition for anticipatory bail on behalf of the petitioner Rampravesh Mahto and the same is accordingly rejected. Anand ( Shailesh Kumar Sinha, J.)