IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56811 of 2007 SUSHIL KUMAR YADAV Versus THE STATE OF BIHAR ----------- 4 7.5.2008 Heard. This is a case under Section 302 and other allied sections of the IPC. Learned counsel for the petitioner submitted that prayer for bail of the petitioner was earlier rejected. Though, in the FIR the petitioner has been shown as the assailant, but from the description given in the FIR and the statements of the sons of the informant, it would appear that they were hiding themselves in the house when 11 miscreants including the petitioner entered the house. Therefore, they cannot have been eye witnesses as to the murder of one of the son of the informant. He also submitted that it is clear from the FIR that the deceased was taken away towards west and thereafter, his murder was committed. None in the case diary has stated about seeing the petitioner shooting the deceased. He also submitted that one co- accused of the case has been released on bail and the case of the petitioner cannot be said to be not on the same footing. The strong motive has been alleged against co-accused Sunil Yadav. In the FIR direct allegation of firing is against this accused and considering the fact that the prayer for bail of the petitioner has already been rejected, I do not inclined to release the petitioner on bail. His prayer for bail is, therefore, again rejected at this stage. DKS/ (Rekha Kumari,J) - 2 -