IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56577 of 2007 MANJHILA @ MANJHILA MAHTO @ NIRANJAN KUMAR Versus THE STATE OF BIHAR ----------- Cr.Misc. No.9190 of 2008 RANJEET MAHTO @ AJAY & ANR Versus STATE OF BIHAR ----------- Cr.Misc. No.16710 of 2008 PUSPANJAY @ ABHISEKEK KUMAR SINHA Versus THE STATE OF BIHAR ----------- 3 02-05-2008 Heard learned counsel for the petitioner and also learned APP on behalf of the State. The petitioners are accused in a case u/ss 302, 386, 120B/34 of the Indian Penal Code and 27 of the Arms Act. The allegation, in short, is that the petitioners along with others armed with pistol arrived on two motorcycles and stopped the maxi taxi and enquired about its owner. The informant is conductor of the vehicle. It is said that miscreants demanded rangdari. The conductor paid Rs. 25,00/- and the driver gave Rs. 4,00/-. They again enquired about the owner. The miscreants were informed that owner is not present and thereafter all the miscreants opened fire upon the driver from their respective fire arms. The driver sustained injuries at three places. He died on the spot. Learned counsel submitted that allegation of firing is not specific against the petitioners. The same is specific on Satyendra. Learned counsel further submitted that during post mortem examination the doctor found only three fire arms injuries on the - 2 - person of deceased. He further submitted that main accused Mukesh is in jail. He submitted that petitioners are in custody since September, 2007. Learned APP on the other hand opposed the bail and submitted that there is allegation that all the accused persons fired upon the driver. Considering the nature of allegation, at this stage, this court is not inclined to release the petitioners on bail. Their prayer is refused. The court below is directed to expedite the commitment and trial of the petitioners. BKS/ (M. Saran,J.)